V.Lenin Karthik v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2020
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.19796 of 2020 V.Lenin Karthik
...Petitioner
Vs.
1. The District Collector, Ranipet District, Ranipet.
2. The Inspector of Police, Walajapet Police Station, Ranipet District.
...Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent to consider the representation of the petitioner dated 5.10.2020 in accordance with law by holding an enquiry under 151 of police standing orders the torture suffered by the petitioner in the hands of Inspector of police, Walajapet Police Station and his men on 27.11.2019 to secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Ms. M. Prabhavathi Additional Public Prosecutor
ORDER
The Additional Public Prosecutor takes notice on behalf of R1 & R2.
2.The Criminal Original Petition has been laid by the petitioner seeking for a direction to the first respondent to consider his representation dated 05.10.2020 in accordance with law by holding an enquiry under Order 151 of police standing orders qua the torture suffered by the petitioner in the hands of Inspector of police, Walajapet Police Station and his men on 27.11.2019.
3.According to the petitioner, he is a Software Engineer and his wife Revathi is living with her parents at Kolatheri within the jurisdiction of the Second Respondent and when he went to see his son on 26.11.2019, though there is no matrimonial
dispute, as such, between him and his wife, his wife Revathi and her parents locked him inside their house and beat him and on the other hand, complaining that she has been attacked and sustained injuries, went to Walajapet Police Station, lodged a complaint and when the petitioner went to the Government Hospital, Walajapet, for treatment, he was illegally arrested and taken to the police station and put behind the bars without wearing apparels except Jetti, the Walajapet Policemen removed his Cell Phone Vallet and though he has been suffering Dengue fever, to satisfy his wife pleasure, during the night hours, treated him as a hardened Criminal and kept in the lockup throughout the night by uttering vulgar words and ill-treated him and he was not even provided with basic amenities and complaining about the ill-treatment and torture inflicted upon him at the Walajapet Police Station, according to the petitioner, he has preferred a representation dated 05.
10.2020 to the first respondent to hold an enquiry as provided under Order 151 of Police Standing Orders qua the torture suffered by him in the hands of the police men attached to Walajapet Police Station on 27.11.2019 and as the same has not been considered and disposed of as per law, according to the petitioner, he has been necessitated to file the criminal original petition.
4. At the time, when the criminal original petition is taken up for consideration, the Additional Public Prosecutor represented that a direction may be given to the first respondent viz., The District Collector, Ranipet District, Ranipet, to consider the representation preferred by the petitioner dated 05.10.2020 and dispose of the same in accordance with law. Only for the said relief, the petitioner has also come forward with the criminal original petition.
5. Considering the abovesaid factors, in the fitness of things, I am of the considered view that if the first respondent viz., The District Collector, Ranipet District, Ranipet, is directed to consider the representation given by the petitioner dated 05.10.2020 as per law within a specified time frame, the same would meet the ends of justice.
6. For the reasons aforestated, the first respondent viz., The District Collector, Ranipet District, Ranipet, is directed to consider the representation given by the petitioner dated 05.10.2020 with reference to the conduct of the enquiry under Order 151 of Police Standing Orders qua the torture said to have been suffered by him in the hands of the policemen at Walajapet Police Station on 27.11.2019 and dispose of the same in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
7. Accordingly, the Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Copy to
1. The District Collector, Ranipet District, Ranipet.
2. The Inspector of Police, Walajapet Police Station, Ranipet District.
3. The Additional Public Prosecutor, High Court, Madras Crl OP.No.19796 of 2020 RR(CO) RV(05/01/2021)