M.Reena v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN M.Reena ... Petitioner Vs.
1. The District Collector, Collectorate Offfice, Singaralar Malaigai, Rajaji Salai, Chennai - 600 001.
2. The Director General of Police, Dr.Radhakrihsnan Salai, Mylapore, Chennai 600 004.
3. The Commissioner of Police, Commissionerate Office, Vepery, Chennai - 600 007.
4. The Deputy Commissioner of Police, Pulinthope District, Otteri, Chennai - 600 012.
5. Sivashankaran
6. Niramal Kumar
7. Jaisekar
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent to call for the records relating to the 4th respondent in C.No.200 DCP(P)/Camp/Crime/2022 dated 06.03.2023 and quash the same, consequently direct the 2nd respondent to conduct the enquiry afresh. For Petitioner : Mr.Nissar Ahmed For Respondent : Mr.S.Santhosh ( R1 to R4) Government Advocate (Crl.Side)
O R D E R
The Writ Petition has been filed to direct the respondent to direct the the respondent to call for the records relating to the 4th respondent in C.No.200 DCP(P)/Camp/Crime/2022 dated 06.03.2023 and quash the same, consequently direct the 2nd respondent to conduct the enquiry afresh. 2.The learned counsel appearing for the petitioner submitted that petitioner filed W.P.No.7927 of 2022 before this Court seeking direction to consider the petitioner's representation dated 09.12.2020 to appoint an Officer to conduct the enquiry and take appropriate action against the respondent 5 to 6. This Court on 05.04.2022, directed the Commissioner of Police to conduct enquiry with regard to the representation dated 09.12.2020 and it was made clear that the Court has not expressed any
opinion with regard to contents of the representation made by the petitioner. The Authority was given liberty to consider and pass orders in accordance with law and on its ow merits. He further submitted that the Deputy Commissioner filed report stating that the allegations made in the petitioner's representation are not true. Challenging the report of the Deputy Commissioner in C.No.200 DCP(P)/Camp/Crime/2022 dated 06.03.2023, this petition is filed.
3. It is submitted by the learned Government Advocate (Crl. Side) that, in pursuance of the direction issued by this Court, Deputy Commissioner of Police, conducted enquiry and came to conclusion that the allegations made in the petitioner's representation are not true. The copy of the report was also served on the petitioner.
4. This Court on going through the report of the Deputy Commissioner of Police, finds that on 15.11.2020, based on the complaint given by one Selvi Shamini, respondent police tried to arrest one Venkatesan, at that time, relatives of one Akash prevented the police from arresting the accused and also abused the police. There is a video
recording in support of this incident. The witnesses 1. Vinoth S/o. Govindhraj, 2. Baskar S/o. Palani 3. Jeevanandham S/o. Thanikachalam had also confirmed this aspect. Therefore, the District Commissioner of Police found that the allegations made in the complaint are not true and accordingly submitted the report. In the light of report filed by the Deputy Commissioner of Police, this Court concludes that petitioner's prayer cannot be entertained. If the petitioner is interested, she can file a private complaint.
5. Accordingly, this Writ Petition is dismissed. 21.04.2023 Index :Yes/No Internet:Yes/No Sma
To
1. The District Collector, Collectorate Offfice, Singaralar Malaigai, Rajaji Salai, Chennai - 600 001.
2. The Director General of Police, Dr.Radhakrihsnan Salai, Mylapore, Chennai 600 004.
3. The Commissioner of Police, Commissionerate Office, Vepery, Chennai - 600 007.
4. The Deputy Commissioner of Police, Pulinthope District, Otteri, Chennai - 600 012.
5.The Public Prosecutor, High Court of Madras.
G.CHANDRASEKHARAN, J Sma W.P. No.12363 of 2023 21.04.2023