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Madras High CourtWP/21763/2025disposed of

V.Gopal v. State

2025-08-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 21763 of 2025

1. V.Gopal S/o.R.Vijayalingam No.9, 4th Cross Street, Ramakrishna Nagar, Chennai 600 028.

Petitioner(s) Vs

1. STATE Human Rights Commission, Tamil Nadu, Thiruvarangam No.143, P.S.Kumarasamy Raja Salai, (greanways Road), Chennai 600 028.

2.V.Srinivasan, S/o.Velusami, Inspector, Traffic Investigation, Tambaram, 3.V.Koshia, W/o.Venugopal, Sub Inspector Kannaki Nagar Police Station.

Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India seeking Certiorarified Mandamus, Calling for the records of the Respondent in SHRC Case No.1901 /2023 and quash the order dated 15/04/2025 and direct the Respondent to restore the above SHRC Case No.1901 /2023. For Petitioner(s):

Mr. R.V.V.Sairam For Respondent(s):

Mr. M.Rajendran, Agp For R1 R2 and R3 - Tapal Returned For Not Available.

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed to quash the order passed by the first respondent in SHRC Case No.1901 /2023, dated 15/04/2025 and consequently, direct the him to restore the above SHRC Case No.1901 /2023.

2. The case of the petitioner is that he was directed to appear before the Semancherry Police station on 06.08.2022 for an enquiry in connection with a false complaint lodged by one Kumar. The petitioner appeared at the police station, however, his explanations were not considered. The petitioner's brother V.Thirunavukkarasu, a visually impaired person was standing outside the police station and the said Kumar and others had dragged him and assaulted him.

3. In this regard, the petitioner lodged a complaint before the first respondent and it was taken on file as SHRC case No.1901/2023. On

15.04.2025 the said case was dismissed for default as if the petitioner was not ready. According to the petitioner, he was present on 15.04.2025, however, the first respondent dismissed the case for default. Hence this writ petition.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

5. Considering the submissions made by the counsel on either side, this court is inclined to allow the writ petition, by which an opportunity can be given to the petitioner to put forth his case.

6. Accordingly, the impugned order passed by the first respondent dated 15.04.2025 is set aside and the SHRC Case No.1901/2023, dated 15.04.2025 is restored to its file. The petitioner is directed to appear before the Commissioner of State Human Rights Commission and co-operate for proceedings. If the petitioner fails to co-operate, the first respondent is at liberty to pass appropriate orders or to take action in accordance with law.

7. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

(J.NISHA BANU J.)(M.JOTHIRAMAN J.) 08/08/25 Index:Yes/No Internet:Yes MST

To 1.STATE Human Rights Commission, Tamil Nadu, Thiruvarangam No.143, P.S.Kumarasamy Raja Salai, (greanways Road), Chennai 600 028.

2.V.Srinivasan, S/o.Velusami, Inspector, Traffic Investigation, Tambaram, 3.V.Koshia, W/o.Venugopal, Sub Inspector Kannaki Nagar Police Station.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

MST WP No. 21763 of 2025 08.08.2025