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Madras High CourtWP Crl./1043/2026disposed of

Yogeswari.P v. The Commissioner Of Police,

2026-04-30Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Yogeswari.P ..Petitioner(s) Vs

1. The Commissioner of Police, Avadi Commissioner, Kondithoppu, Avadi, Chennai - 600 054.

2. The Deputy Commissioner of Police, Vivekanantha Nagar, Avadi, Chennai - 600 054.

3. The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Chennai - 600 077.

4. Narayaranan.S

5. Thirugnanam ..Respondent(s) Prayer:- This Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ or Order or Direction more in the nature of Writ Mandamus, direct the 2nd Respondent to conduct the enquiry and take actions against Respondent 4 and 5 based on my Representation dated 20.01.2026 and 26.01.2026 within stipulated time fixed by this Court. For Petitioner(s):

Mr.A.S.Bhuvaneswaran For Respondent(s):

M/S. Leonard Arul Joseph Selvam Additional Public Prosecutor for R1 to R3

ORDER

This petition is filed seeking a direction to the 2nd Respondent to conduct the enquiry and take action against respondents 4 and 5 based on the petitioner's representations dated 20.01.2026 and 26.01.2026 within a stipulated time fixed by this Court.

2.The learned counsel for the petitioner submitted that the petitioner lodged a complaint on 20.01.2026, followed by another complaint on 26.01.2026. Since no action was taken the present petition was filed. He submitted that on 19.01.2026 at about 9.30 p.m. the petitioner's son Ranjith returned with severe injuries to his face, eyes and neck. He was in a state of shock and when questioned, he stated that he and his cousin Hariharan had gone out to purchase food and entered a residential complex named RMK Chola Garden. While returning near the E Block, a dog suddenly crossed their path causing them to honk the horn.

At that time, a man from the third floor of E Block identified as the son-in-law of Tirugnanam rushed down, used abusive language, questioned their presence by referring to them as "slum dwellers," and hurled caste-based slurs. When questioned, the individual used an iron rod-like instrument to punch and attack the petitioner's son and nephew, causing injuries. The petitioner took them to the nearby Jawahar Hospital for treatment and subsequently filed a complaint along with the medical reports. However, no action has been taken.

3.The learned Additional Public Prosecutor appearing for Respondents 1 to 3 submitted that on 19.01.2026, information was received from Apollo Hospital stating that one Narayanan, a resident of 'E' Block, RMK Chola Garden, was being treated as an inpatient. Upon police enquiry, Narayanan, a Marine Engineer, stated that at approximately 8:00 p.m. on 19.01.2026, he was walking with his family inside the complex. He alleged that two persons arrived on a vehicle, riding rashly and honking loudly. When he questioned their behavior, the two individuals threatened and assaulted him, pushing him against a car. He sustained a shoulder injury and was unable to move his left hand, leading to his hospitalisation. Investigation into this matter is complete, and a charge sheet has been filed before the learned Judicial Magistrate II, Poonamallee (E-Filing No. CC.LTN20230001442C202600039). The Prosecutor contended that the petitioner's complaint is merely a "counter-blast" and was closed as "false" on 26.02.2026.

4.Considered the submissions and perused the materials available on record.

5.A perusal of the enquiry report and the C.S.R. of the petitioner's complaint reveals that, apart from the medical records, no enquiry was conducted regarding the injuries sustained by the petitioner's son or his treatment at Jawahar Hospital. Notably, Ranjith's marriage took place on

28.01.2026, just ten days after the assault; his injuries were visible even during the wedding and may leave permanent marks throughout his life. The respondent police failed to investigate the physical assault, focusing only on the allegations regarding caste-based slurs. It is seen that, on the complaint of the alleged assailant, Narayanan, an F.I.R. was immediately registered and a charge sheet filed before the learned Judicial Magistrate II, Poonamallee. It appears Narayanan's admission to Apollo Hospital was influenced by his social and financial status. There is no medical necessity. In view of the above, the Assistant Commissioner of Police, SRMC Police Station, Porur, is directed to conduct a fresh enquiry into the petitioner's complaint, further investigation in in C.C. No.124 of 2026, and treat the matter as a "case and counter-case." The enquiry shall be completed, and submit a report to the concerned Magistrate, within a period of eight weeks from the date of receipt of this order. 6.With the above directions, this Petition is disposed of. No costs. 30-04-2026 ep

To

1. The Commissioner of Police, Avadi Commissioner, Kondithoppu, Avadi, Chennai - 600 054.

2. The Deputy Commissioner of Police, Vivekanantha Nagar, Avadi, Chennai - 600 054.

3. The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Chennai - 600 077.

4. The Public Prosecutor High Court of Madras.

M.NIRMAL KUMAR, J.

ep 30-04-2026