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Madras High CourtWP Crl./150/2025allowed

V.Tamizhselvan v. The Superintendent Of Police

2025-07-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.Crl.No.69 of 2025 V.Tamizhselvan ... Petitioner Vs

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. Tha. Nandakumar The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3. Parivallal

4. Thirumathi Vasantha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in the order bearing Na.Ka.No.36/Seyalmurai/2025 dated 23.4.2025 passed by the respondent No.2 and to quash the same and consequently direct the respondent No.1 to take appropriate action against respondent

No.2 for conducting kangaroo court in Kadampuliyur Police Station in respect of Document No.1744/2021 dated 28.06.2021, Document.No.2163/2021 dated 2.8.2021 and Doc.No.88/2022 dated 10.01.2022 on the file of the Sub Registrate, Kadampuliyur mentioned in the said impugned order dated 23.04.2025.

For Petitioner : Mr.M.Radhakrishnan For R1 & R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R3 & R4 : Mr.R.Singaravelan, Senior Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records in the order bearing Na.Ka.No.36/Seyalmurai/2025 dated 23.4.2025 passed by the respondent No.2, quash the same and consequently direct the first respondent to take appropriate action against the second respondent for conducting "Kangaroo Court" in Kadampuliyur Police Station in respect of Document No.1744/2021 dated 28.06.2021, Document.No.2163/2021 dated 2.8.2021 and Doc.No.88/2022 dated 10.01.2022 on the file of the Sub Registrate, Kadampuliyur mentioned in the impugned order dated

23.04.2025.

2. Heard the learned counsel appearing for the petitioner, the learned Senior Counsel appearing for the private respondents and the learned Government Advocate (Crl.Side) appearing for the official respondents and perused the materials available on record.

3. On a perusal of the records it is seen that the petitioner challenged the order dated 23.4.2025 passed by the second respondent. The third respondent herein had already filed a complaint as against the petitioner and others and the same was registered in Crime No.139 of 2025 on 08.5.2025. Pending investigation, the second respondent passed the impugned order on the complaint given by the fourth respondent herein as against the petitioner.

4. On a reading of the impugned order dated 23.4.2025, it is seen that the second respondent, without jurisdiction, had passed the impugned order and hence the same is liable to be set aside. Accordingly, the same is set aside. However, the respondent-Police is directed to conduct investigation based on the registration of F.I.R and proceed the

case in accordance with law.

5. With the abovesaid direction, the Writ Petition is allowed. Consequently, connected miscellaneous petition is closed. 03.07.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. Tha. Nandakumar The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa and W.M.P.Crl.No.69 of 2025 03.07.2025