D.Sabitha v. Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN D.Sabitha W/o Dinesh, NO.5, Iyyanar Kovil Street, Mulikirampattu, Nellikuppam, Cuddalore.

..Petitioner(s) Vs

1. Home Secretary (Home Department), Government of Puducherry, Chief Secretariat, Beach Road, Puducherry - 605 001.

2. The Director General of Police (DGP), Tamil Nadu Police Headquarters, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Director General of Police (DGP), Puducherry Police Headquarters, Goubert Avenue (Beach Road), Puducherry - 605 001.

4. The Deam Jawaharlal Institute of Postgraduate Medical Education and Research, Dhanvantari Nagar, JIPMER Campus, Puducherry -605 006.

5. The Superintendent of Police Cuddalore District Police Office, Cuddalore - 607 001.

6. The Inspector Of Police Nellikuppam Police Station, Cuddalore - 607 105.

7. The Inspector of Police Thirubuvanai Police Station, Puducherry - 605 107.

..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of mandamus or any other order or direction in the nature of a Writ, directing the respondents 1 to 7 to pay the compensation to the petitioner's husband Dinesh for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to prosecute the delinquent police officials and to take disciplinary action against them and pass such further or other orders.

For Petitioner(s):

Mr.T.Gnana Banu For Respondent(s):

Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) for R2, R5 & R6 Mr.M.V.Ramachandramurty Public Prosecutor (Pondicherry) for R1, R3, R4 & R7

ORDER

This Writ Petition has been filed for a direction, directing the respondents 1 to 7 to pay compensation to the tune of Rs.50,00,000/- to the petitioner's husband and also to prosecute the delinquent police officials and to take disciplinary proceedings.

2. The petitioner is the wife of one Dinesh. Her husband was working as a driver in Tata Ace vehicle. On 16.10.2025 at about 04.00 p.m. the petitioner's husband along with his friend were crossing Nellikkuppam Vazhappattu Bus stand where two unknown persons introduced themselves as police officers from seventh respondent, stopped the vehicle and questioned the petitioner's husband. Under the guise of enquiry, the police persons assaulted the petitioner's husband with iron rod and caused severe head injury and all over the body. Immediately, he was taken to Manakula Vinayagar Multi Speciality Hospital at Puducherry where they refused to treat the petitioner's husband and thereafter shifted to to JIPMER Hospital at Puducherry. He had undergone surgery, in fact her husband was in partial coma stage and he could not able to walk, and also he was bedridden till date. Therefore, the petitioner seeks compensation of Rs.50,00,000/-.

3. On perusal of the counter filed by the respondents 6 & 7 and from their respective submissions, it is revealed that the petitioner is an accused in Crime No.154 of 2025 registered for the offences punishable under Section 305(a) BNS on the file of the seventh respondent alleging that in-between 04.10.2025 & 05.10.2025 at Shri Panjathamman Temple, Nallur Village, Puducherry, the petitioner's husband and others have committed theft of golden ornaments weighing about one sovereign of gold which was adorned on Amman goddess

idol at Nallur Temple. In order to secure the accused, the seventh respondent went to the jurisdiction of the sixth respondent and arrested the petitioner. In order to bring the accused, to the seventh respondent station, two police personnel used their two wheeler and the petitioner was sitting as middle pillion rider. In order to escape, he jumped from the two wheeler and sustained grievous injuries on his head and also in his body. Immediately, he was taken to Primary Health Centre, Thirubuvanai and he was advised to take treatment in the higher hospital. Thereafter, he was taken to Manakula Vinayagar Multi Speciality Hospital and thereafter, he was referred to JIPMER Hospital, Puducherry, for advance treatment and surgery.

In fact, at the time of escaping from the seventh respondent's police, he pushed down another police personnel who was sitting behind the petitioner's husband. Therefore, he also fell down and sustained injuries. Immediately, he lodged complaint as against the petitioner's husband before the sixth respondent and the same was registered in Crime No.404 of 2025 for the offences punishable under Section 132, 115(2) BNS and it is pending for investigation. That apart the petitioner's husband is a habitual offender and he was involved in several similar cases. That apart on the complaint lodged by the petitioner, a detailed enquiry was conducted by the Revenue Divisional Officer, Cuddalore, and its report dated 19.10.

2025 clearly indicates that there was no absolute element to prove the allegations levelled by the petitioner's husband against the police officials.

petitioner's husband involved in Crime No.154 of 2025. Now the seventh respondent completed investigation and filed final report before the Judicial Magistrate VI, Puducherry, and it is pending for taking cognizance. That apart there is absolutely no proof of evidence to show that the petitioner's husband was beaten by the police persons illegally. In order to escape from the clutches of law, the petitioner's husband made false allegation that he was beaten by police, as such he sustained grievous injuries. However, the petitioner failed to prove any piece of evidence to substantiate the said allegations. Hence, in fact the Revenue Divisional Officer, Cuddalore also conducted detailed enquiry in this regard and found that there was no such occurrence happened at the hands of the police personnels. Therefore, the representation made by the petitioner seeking compensation cannot be considered. The writ petition is devoid of merits.

3. According, this Writ Petition Criminal stands dismissed. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order MTL

To

1. Home Secretary Government of Puducherry, Chief Secretariat, Beach Road, Puducherry.

2. The Director General of Police TN Police Headquarters, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3. The Director General of Police Puducherry Police Headquarters, Goubert Avenue (Beach Road), Puducherry.

4. The Deam Jawaharlal Institute of Postgraduate medical Education and Research, Dhanvantari Nagar, JIPMER Campus, Puducherry.

5. The Superintendent of Police Cuddalore District Police Office, Cuddalore.

6. The Inspector Of Police Nellikuppam Police Station, Cuddalore.

7. The Inspector Of Police Thirubuvanai Police Station, Puducherry.

8. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

MTL 29-06-2026