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Madras High CourtWP Crl./255/2025dismissed

A.Shankar @ Savukku Shankar v. The Secretary To The Government

2025-07-29Honourable Mr Justice P. Velmurugan14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Shankar @ Savukku Shankar ... Petitioner Vs.

1. The Secretary to Government Home Department, Secretariat Chennai- 600 009

2. The Director General of Police Head of the Police Force Tamil Nadu Police Mylapore Chennai - 600 004

3. The Commissioner of Police Greater Chennai City Police Vepery Chennai - 600 007 ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the first and second respondents to take 1/14

appropriate action on the petitioner's complaints dated 08.02.2025, 23.05.2025 and 21.06.2025 in accordance with the provisions of the Tamil Nadu Police (Reforms) Act, 2013 and further forbearing the third respondent from interfering with the functioning of the petitioner's organization, namely Savuku Media, situated at No.1, Parthasarathy Nagar 3rd street, Adambakkam, Chennai - 600 088 in any manner.

For Petitioner : Mr.P.Rajkumar For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

This Writ Petition (Criminal) has been filed by the petitioner to direct the first and second respondents to take appropriate action on the petitioner's complaints dated 08.02.2025, 23.05.2025 and 21.06.2025 in accordance with the provisions of the Tamil Nadu Police (Reforms) Act, 2013 and further forbearing the third respondent from interfering with the functioning of the petitioner's organization, namely Savuku Media, situated at No.1, 2/14

Parthasarathy Nagar 3rd street, Adambakkam, Chennai - 600 088 in any manner.

2. The learned counsel for the petitioner submitted that the petitioner is a Video Journalist and whistle blower, committed to expose illegality, corruption, abuse of authority and misconduct perpetrated by public servants, political figures and others wielding public power. Since the petitioner has been exposing police atrocities, misconduct and inaction, he has been subjected to various unlawful actions by the Commissioner of Chennai City Police/third respondent. The petitioner and his staffs are under constant unlawful surveillance and harassment by the third respondent, amounting to misuse of state machinery, infringing their fundamental rights under Articles 19(1)(a) and 21 of Constitution of India. Hence, the petitioner filed complaints on 08.02.2025, 23.05.2025 and 21.06.2025 to the respondents 1 and 2. However, they have not taken any action amounting to statutory dereliction. Therefore, the present petition is filed.

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3. The learned Additional Advocate General appearing for the respondents submitted that based on the petitioner's representations/complaints dated 08.02.2025, 23.05.2025 and 21.06.2025, enquiry was conduct and disposed of vide proceedings of the Additional Chief Secretary to Government dated 28.07.2025 and he also produced the copies of the said proceedings.

4. At this juncture, the learned counsel for the petitioner submitted that the copies of the said proceedings were not served to him. Hence, the learned Additional Advocate General handed over the copies of the same to the learned counsel for the petitioner.

5. Further, when the matter came up before this Court on 14.07.2025, this Court had directed the Additional Advocate General to file counter affidavit and also a report as to how many complaints filed against the petitioner are pending at the enquiry stage, how many of them registered in FIR, how many of them culminated in charge sheet and how many case are pending for trial.

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6. Accordingly, the second respondent has filed a report stating that there are totally 38 cases pending against the petitioner out of which, 13 cases are under investigation, 24 cases charge sheets have been filed and the same have also been taken on file by various Courst and one case in Crime No.173 of 2024 has been closed as "Mistake of Fact". The details of which are as follows: Under Investigation-13 S.

No.

District & P.S.

Crime Number Current Status Kanchipuram S.V.ChathirmP.S.

Crime No.60/2024 U/s.147, 294(nb), 353, 506(i) IPC State - UI Coimbatore City C2 Race Course L&O PS Crime No.231/2024 U/s.153, 153(A)(1)(a), 153(A)(1) (b), 504, 505(ii) IPC State - UI Chennai City D1 Triplicane PS Crime No.42/2024 U/s.143 IPC and 41(6) CP Act State - UI Chennai City E1 Mylapore PS Crime No.221/2022 U/s.384, 120B, 294(b), 506(ii) IPC State - UI Chennai City Delta-4 Crime No.154/2024 U/s.294(b), 354D, 506(i), 509 of IPC, Sec.4 of TNPHW Act 1998 State - UI Chennai City Dlta-1 Crime No.323/2024 U/s.196(1(a),196(1)(b), 197(1)(c) and 353(2) of BNS 2023 State - UI 5/14

S.

No.

District & P.S.

Crime Number Current Status Chennai City LFIW-II Gamma-5 Crime No.241/2024 U/s.21, 222, 353(1), 353(2) BNS State - UI Chennai City C3 Seven Wells PS Crime No.187/2025 U/s.189(4),296(b),351(2),109(1),61(2)(a) BNS State - UI Trichy CCD -III Crime No.10/2025 U/s.296,132,3(5),67IT Act & 4 of WH Act State - UI Chennai City South CCD-1 Crime No.17 of 2025 U/s.79, 224, 132, 351(2), 308(2), 353(1)(b), 353(2) & 4 of WH Act State - UI Chennai City St.Thomas Mount PS Crime No.185/2025 U/s.126(2), 132, 351 BNS State - UI Chennai City Soth Zone Cyber Crime No.22/2025 U/s.79, 224, 132, 351(2), 308(2), 353(1)(b), 353(2) & 4 of WH Act State - UI Trichy City Ctyber Crime PS Crime No.11/2025 U/s. 67 IT Act, 4 of TNPHW Act 2022, 3(5), 79, 353(1), 49 & 54 BNS Act State - UI Pending Trial Cases - 24 S.

No.

District & P.S.

Crime Number Current Status Chennai City CCB Delta 2 Crime No.141/2020 U/s.504, 505(1)(b) and 505(2) IPC CC.No.398/2025 by XI MM Cout, Saidapet, Stage: PT Chennai City CCB Delta 2 Crime No.50/2021 U/s.5(1)(a), 5(1)(d) and 5(2) of Official Secrets Act CC.No.1287/2025 by XI MM Cout, Saidapet, Stage:PT 6/14

S.

No.

District & P.S.

Crime Number Current Status Chennai City CCB Delta 2 Crime No.51/2021 U/s. 153, 505(1)(b), 506(1) IPC @ U/s. 153, 506 (1) IPC Charge Sheet was filed before the XI MM and obtained CC.No.1350/2024 on 09.7.2024.

During trial the learned XI Metropolitan Magistrate discharged the accused Savukku Shankar, on 28.02.2025.

Subsequently, a Criminal Appeal petition was filed before the Principal Sessions Court on 08.07.2025 in Crl.M.P.

No.5549/2025, appealing against the discharge order passed by the XI Metropolitan Magistrate Court.

Stage: PT Chennai City CCB Delta 2 Crime No.158/2024 U/s.465, 466, 471,, 474, r/w 420 IPC @ 109, 153, 384, 465, 466, 469, 471, 474 r/w 420 of IPC & 149 of Cr.P.C.

CC.No.852/2025 by XI MM Cout, Saidapet Stage:PT Trichy City Cantonment AWPS Crime No.10/2024 U/s. 189. 353, 354, 509, 506 (i) IPC & 4 of TNPHW Act CC.No.638/2025 by Additional Mahila Court, Trichy Stage:PT Theni PC Patty PS Crime No.195/2024 U/s.294(b), 353, 506(ii) IPC & 4 of TNPHW Act & 8(c) r/w 20(b) II(A),29(1) and 25 NDPS Act CC.No.214/2024 by II Additional District Judge for NDPS a Combined Court Madurai Stage:PT 7/14

S.

No.

District & P.S.

Crime Number Current Status Karur Karur Town PS Crime No.384/2024 U/s.406, 420, 294(b), 324, 506(2) of IPC CC.No.3877/2025 by Judicial Magistrate-I, Karur, Stage:PT Coimbatore City Cyber-Crime PS Crime No.123/2024 U/s. 294(b), 353, 509, 109, 201 of IPC & 67 B IT Act CC.No.696/2024 by Judicial Magistrate IV, Coimbatore Stage:PT Coimbatore City Cyber-Crime PS Crime No.86/2025 U/s. 294(b), 506(i) of IPC D/O.30.04.2024 D/R:08/04/2025 @ 16.30 hrs.

Transferred from CCB, GCP, Judicial Magistrate IV Coimbatore CC.No.2559/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.76/2025 U/s. 67 of IT Act & 4 of TNPHW Act read with 294(b), 353, 509 of IPC Transferred from Trichy Disrict Cyber PS Judicial Magistrate IV Coimbatore, CC.No.2560/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.81/2025 U/s. 294(b), 353, 509 of IPC, Sec. 4 of TNPHW Act & Sec.

67 of IT Act 2000 Transferred from Trichy City Cyber PS Judicial Magistrate IV, Coimbatore, CC.No.2563/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.82/2025 U/s.294(b), 353, 509 of IPC, Se.4 of TNPHW Act & Sec. 67 of IT Act, 2000 Transfrred from Perambalur District, Cyber PS Judicial Magistrate IV, Coimbatore, CC No.2575/2025 Dt: 19.07.2025 Stage:PT 8/14

S.

No.

District & P.S.

Crime Number Current Status Coimbatore City Cyber-Crime PS Crime No.83/2025 U/s. 67 of IT Act, 4 of TNPHW Act, 294(b), 353, 509 of IPC Transfrred from Sivagangai District Cyber PS Judicial Magistrate IV, Coimbatore, CC No.2564/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.87/2025 U/s.294(b), 509, 353 of IPC & 4 of TNPHW Act & 67 of IT Act Transferred from Nagapattinam Cyber PS.

Judicial Magistrate IV, Coimbatore, CC. No.2558/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.88/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transfrrred from Nilgiri Cyber PS Judicial Magistrate IV, Coimbatore CC. No.2565/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.89/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from Kumari Marthandam AWPS Judicial Magistrate IV, Coimbatore, CC. No.2557/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.85/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from Salem City Cyber Judicial Magistrate IV, Coimbatore, CC.No.2584/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.84/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from TBM City Selaiyur PS Judicial Magistrate IV, Coimbatore, CC No.2562/2025 Dt: 19.07.2025 Stage:PT 9/14

S.

No.

District & P.S.

Crime Number Current Status Coimbatore City Cyber-Crime PS Crime No.80/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from Ranipet Distrcti Cyber PS Judicial Magistrate IV, Coimbatore, CC. No.2582/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.79/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from Villupuram District Cyber PS Judicial Magistrate IV, Coimbatore, CC. No.2583/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.90/2025 U/s.294(b), 353, 509 of IPC, Sec.4 of TNPHW Act & Sec.67 of IT Act 2000 Transferred from TIN City Medical College PS Judicial Magistrate IV, Coimbatore, CC. No.2580/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.77/2025 U/s.294(b), 353, 509 of IPC, Sec.

67 of IT Act & Sec.4 of TNPHW Act Transferred from Madurai District Cuber PS Judicial Magistrate IV, Coimbatore, CC No.2561/2025 Dt: 19.07.2025 Stage:PT Coimbatore City Cyber-Crime PS Crime No.78/2025 U/s.294(b), 509, 353 of IPC, Sec.4 of TNPHW Act, Sec.67 of IT Act Transferred from Dindigul Dist.

Cyber PS.

Judicial Magistrate IV, Coimbatore, CC. No.2581/2025 Dt: 19.07.2025 Stage:PT 10/14

S.

No.

District & P.S.

Crime Number Current Status Chennai City CCB Delta-4 Crime No.242/2020 U/s. 153, 505(1)(b) IPC @ U/s.153 IPC Interim stay granted by this Court on 08.02.2024 in Crl.O.P.

No.2495/2024 for 4 weeks. Stay vacation pettion filed on 28.03.2024 before this Court and approved by High Court APPStage- NTF Disposed of-1 S.No.

District & P.S.

Crime Number Current Status Pudukottai District Aranthangi PS Crime No.173/2024 U/s.420, 294(b), 506(ii) IPC State-MF (LTN 2022000134C2025 00169)

7. It is seen from the above report that already several complaints have been registered against the petitioner, in which some cases are under investigation and in some of the cases charge sheets have been filed and the petitioner is facing trial. Therefore, prima facie there is no material to show that the third respondent is interfering with the functioning of the petitioner's organization.

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8. Since there are several cases pending against the petitioner, the jurisdictional police are directed to complete the investigation in the said 13 cases which are pending investigation and file the charge sheet within a period of four months from the date of receipt of a copy of this order.

9. Further, the Courts concerned are directed to expedite the trial in the said 24 cases and dispose of the same within a reasonable time provided within a period of six months from the date of receipt of a copy of this order.

10. With the above directions, this Writ Petition (Criminal) is dismissed.

11. However, the petitioner is at liberty to work out his remedy in the manner known to law, if he is so aggrieved by the proceedings dated 28.07.2025.

29.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Registry is directed to communicate this order to the Police Stations and Courts concerned as mentioned in the tabular column. 12/14

To

1. The Secretary to Government Home Department, Secretariat Chennai- 600 009

2. The Director General of Police Head of the Police Force Tamil Nadu Police Mylapore Chennai - 600 004

3. The Commissioner of Police Greater Chennai City Police Vepery Chennai - 600 007 4.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

Ksa-2 29.07.2025 14/14