K.Raji v. Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 4172 of 2016 K.Raji ... Petitioner Vs

1. Director General of Police, Rajaji Salai, Chennai.

2. Deputy Inspector General of Police, North Zone, Sri Ganesh Nagar, Pazhavanthangal, Alandur, Chennai.

3. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

4. Deputy Superintendent of Police, Vellore Range, Crime-Branch Criminal Investigation Department, CBCID, Vellore Range, Vellore.

5. Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd and 4th respondents (1). Transferring the enquiry and investigation arising out of the complaint preferred by the petitioner dated 14.07.2015 from the file of 5th respondent to an Independent Investigation Officer as nominated by the 4th respondent or any other agency; 2. directing the 2nd respondent to conduct an enquiry under TN Police service Disciplinary and conduct Rules, to determine the prima facie case for a disciplinary enquiry against the errant public servants specified in the complaint of the petitioner dated 14.07.2015 and (3). direct the respondents to pay a compensation of Rs.2,00,000/- for the police excess caused against the petitioner by the errant police personnel.

For Petitioners: Mr.P.G.Thiyagu For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This writ petition has been filed to direct the 2nd and 4th respondents to transfer the investigation arising out of an enquiry and for other consequential direction.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the materials available on record.

3. The learned Additional Public Prosecutor represented that on lodging of complaint by the petitioner, the case was registered.

4. It is seen that the complaint was lodged in the year 2015 and by considering the submission of the Additional Public Prosecutor, this Court is of the view to dismiss the writ petition.

5. In the result, this writ petition stands dismissed, by granting liberty to the petitioner to file fresh complaint for the appropriate relief. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ssr/vsi2 To

1. The Director General of Police, Rajaji Salai, Chennai.

2. The Deputy Inspector General of Police, North Zone, Sri Ganesh Nagar, Pazhavanthangal, Alandur, Chennai.

3. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

4. The Deputy Superintendent of Police, Vellore Range, Crime-Branch Criminal Investigation Department, CBCID, Vellore Range, Vellore.

5. The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

6. The Public Prosecutor, High Court, Madras.

W.P.No. 4172 of 2016 AK(CO) GN(12/04/2019)