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Madras High CourtWP/27990/2022disposed of

K.Dhanapal v. The Commissioner Of Police

2022-10-19Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM K. Dhanapal

...Petitioner

/vs/

1. The Commissioner of Police O/o.Chennai City Police Commissionarate Vepery, Chennai district.

2. The Deputy Commissioner of Police O/o.Deputy Police Commissionarate B-2 Police Station Range, Parrys Corner, Chennai.

3. The Inspector of Police B-2 Esplanade Police Station, George Town Parrys, Chennai.

4. S. Murugan

5. Pushpadoss

6. M.Pushpa ... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the first respondent to take

necessary action and conduct Enquiry against the 4th respondent on the basis of the petitioner representation dated on 21.09.2022. For Petitioner ... Mr. T. Elumalai For Respondents ... Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

The Writ Petition has been filed to direct the first respondent to take necessary action and conduct Enquiry against the 4th respondent on the basis of the petitioner's representation dated on 21.09.2022.

2. The case of the petitioner is that he is running a Xerox shop at Broadway, Chennai and used to reside in the shop temporarily. On 26.08.2022 his wife and wife's brother attacked him with an intention to murder him, hence he gave a complaint before the third respondent to take action against them. After receiving his complaint with sufficient evidence and records such as CC TV footages, photos, hospital reports and statement recorded from him in the Hospital, the 4th respondent, who is the Investigation Officer, colluded with the accused persons and refused to take action against them and helped them to escape from the clutches of

law. In this connection he made a representation on 21.09.2022 before the 1st to 3rd respondents to conduct enquiry against the 4th respondent in connection with the said accused persons. But till date no action or enquiry has been taken against the 4th respondent. Hence, the present petition has been filed.

3. The learned Counsel appearing for the petitioner submitted that the 1st respondent police may be directed to consider the petitioner's representation dated 21.09.2022.

4. The learned Government Advocate (Crl.side) submitted that the petitioner's representation dated 21.09.2022 has been received by the third respondent and it was taken in CSR No.467 of 2022 and the case is under enquiry. He further submitted that the respondent police is ready to consider the petitioner's representation.

5. Recording the same, the third respondent police is directed to consider the petitioner's representation, dated 21.09.2022, on merits and in accordance with law, within a period of fours weeks, from the date of

receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

19.10.2022 Index:Yes/No Speaking/Non speaking order dpq

V. SIVAGNANAM , J.

dpq To

1. The Commissioner of Police O/o.Chennai City Police Commissionarate Vepery, Chennai district.

2. The Deputy Commissioner of Police O/o.Deputy Police Commissionarate B-2 Police Station Range, Parrys Corner, Chennai.

3. The Inspector of Police B-2 Esplanade Police Station, George Town Parrys, Chennai.

4. The Public Prosecutor, High Court, Madras.

19.10.2022