C.Charles v. The Registrar
1/5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL WP No. 24632 of 2022 and WMP No. 23598 of 2022
1. C.Charles Inspector of Police T-13, Kundrathur Police Station, Chennai 69.
2. Sabari Police Constable, T-13, Kundrathur Police Station, Chennai 69.
3. Venkatesan Police Constable, T-13, Kundrathur Police Station, Chennai 69.
Petitioner(s) Vs.
1. The Registrar, State Human Rights commission, 143, P.S. Kumarasamy Raja Salai, Greenways Road, Chennai 28.
2.M.Prakash
2/5 3.Inspector of Police, Kundrathur Police Station, Chennai 69.
(Crime No. 403/ 2019) Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records of the 1st respondent dated 16.05.2022 passed in S.H.R.C. Case No. 1476 of 2019 and quash the same. For Petitioner(s):
Mr. M.Maharaja For Respondent(s):
Mr.K.Karthikeyan for Mr. Anuradha Ravichandran for R1 Mr.G.Ameedius Government Advocate for R3 R2- Served-No appearance
ORDER
(Order of the Court was made by M.S.Ramesh J.) This writ petition has been filed to issue a writ of certiorari calling for the records of the first respondent, dated 16.05.2022, passed in S.H.R.C. Case No. 1476 of 2019 and quash the same.
2.Though notice has been served on the second respondent and his name being printed in the cause list, none appears on his behalf. 3.On the complaint of the second respondent herein, the State Human Rights Commission (in short the SHRC), vide order dated 16.05.2022, in
3/5 S.H.R.C. Case No. 1476 of 2019, had recommended for compensation and recovery, apart from disciplinary proceedings against the erring officials. The said order is under challenge in this writ petition. 4.Before us, the writ petitioners place reliance on certain documents, which admittedly were not produced before the SHRC. No witnesses were also examined therein. Having failed to produce the documents before the SHRC, it would be impermissible for us to look into the evidences and interfere with the order passed by the SHRC, if required.
5.In this background, we are of the view that the petitioners should be given an opportunity to produce all the material evidences before the SHRC and substantiate their case.
6.Accordingly, this writ petition stands disposed of and the impugned order dated 16.05.2022, passed in S.H.R.C. Case No. 1476 of 2019 is set aside. The matter is remanded back to the SHRC for re-consideration. The petitioners
4/5 as well as the second respondent herein are at liberty to produce the evidences, both oral and documentary, before the SHRC and the SHRC may re-consider the evidences to be placed before it and take appropriate course of action in accordance with law as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is also closed. [M.S.R., J] [R.S.V., J] 06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sli To 1.The Registrar State Human Rights Commission, 143, P.S. Kumarasamy Raja Salai, Greenways Road, Chennai 28.
2.The Inspector of Police Kundrathur Police Station, Chennai 69, (Crime No. 403/ 2019).
5/5 M.S.RAMESH J.
AND R.SAKTHIVEL J.
sli AND WMP NO. 23598 OF 2022 06-11-2025