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Madras High CourtWP/5928/2014dismissed

R.Sadasivam v. The Commissioner Of Police

2022-10-11Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and M.P.No.1 of 2014 R.Sadasivam ... Petitioner Vs.

1. The Commissioner of Police, Marshalls Road, Egmore, Chennai.

2. The Commissioner of Police, Anti-corruption and Vigilance, Chennai.

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

4. The Inspector of Police,

5. The Assistant Sub-Inspector of Police, Page No. 1 of 6

6. The Inspector of Police, Excise Department, Vilupuram District.

7. Sankar, Deputy Superintendent of Police, Vilupuram District.

8. Ravi, Inspector of Police,

9. Selvaraj, Assistant Sub-Inspector of Police,

10. K.Karikalan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the fourth, fifth and sixth respondent to pay suitable compensation which may be fixed as just and proper for the improper, vexatious, malafide and vindictive, investigation conducted on the petitioner, and consequently direct the first and second respondent to initiate appropriate departmental action against the seventh, eighth and ninth respondent for abusing their position and for exercising excessive of power delegated to them, to punish them in accordance with law. Page No. 2 of 6

For Petitioner : Mr.V.Balamurugane For Respondents :

R1 to R5 : Mrs.P.Rajarajeswari Government Advocate R6, R8 & R9 : Dismissed vide order dated 01.10.2015 R7 & R10 : No Appearance

ORDER

This writ petition has been filed for the issuance of a Writ of Mandamus to direct the fourth, fifth and sixth respondent to pay suitable compensation which may be fixed as just and proper for the improper, vexatious, malafide and vindictive, investigation conducted on the petitioner, and consequently direct the first and second respondent to initiate appropriate departmental action against the seventh, eighth and ninth respondent for abusing their position and for exercising excessive of power delegated to them, to punish them in accordance with law.

2. The learned counsel for the official respondents would submit that the tenth respondent's vehicle was seized on 31.12.2013, carrying huge quantity of liquor contrary to the restriction contained under the provisions of the Puducherry Excise Act, 1970 and the rules made therein. Page No. 3 of 6

3. It is further submitted that at present a criminal case is pending before the Judicial Magistrate, Villupuram in C.C.No.54 of 2015, pursuant to Crime No.1 of 2014, before the fourth respondent Police Station.

4. Considering the above, I do not find any merits in the present writ petition. Therefore, this writ petition is liable to be dismissed. In case, it is held that the vehicle was either wrongly seized and or the petitioner was wrongly prosecuted in C.C.No.54 of 2015 in Crime No.1 of 2014, it is always open for the petitioner to file a suit for malicious prosecution.

5. The writ petition stands dismissed with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 11.10.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order rgm Page No. 4 of 6

To

1. The Commissioner of Police, Marshalls Road, Egmore, Chennai.

2. The Commissioner of Police, Anti-corruption and Vigilance, Chennai.

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

4. The Inspector of Police,

5. The Assistant Sub-Inspector of Police, Page No. 5 of 6

C.SARAVANAN, J.

rgm and M.P.No.1 of 2014 11.10.2022 Page No. 6 of 6