K.Anbu v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2024

CORAM

THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR K.Anbu ... Petitioner Vs.

1.The Director General of Police, Post Box No.601, Head Quarters, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Superintendent of Police, District Police Office, Vengikkal, Tiruvannamalai District - 606 604.

3.The Inspector of Police, District Crime Branch (DCB), Tiruvannamalai District - 606 604.

4.The Deputy Commandant, Central Industrial Security Force Unit, Bhavini (DAE), Kalpakkam, Chengalpattu District - 603 127.

... Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of 1/6

India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to pass an order on the representation of the petitioner dated 27.07.2024 expeditiously.

For Petitioner : Mr.R.Thiyagarajan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

This writ petition is filed to direct the respondents to direct the respondents 1 to 3 to consider the representation of the petitioner dated 27.07.2024.

2.The contention of the learned counsel for the petitioner is that the petitioner/accused in Crime No.11 of 2024 sent a representation on 27.07.2024 making allegation that the offence has been committed by A.Vignesh, S/o.Arumugam (A1), who is the kingpin and mastermind in the offence. He would submit that the petitioner is a Constable in CSIF and he has been falsely implicated in this case. He would further submit that the petitioner is being harassed and due to the pendency of the above case, he is 2/6

unable to join his duty. He further submitted that the petitioner was in prison from 14.05.2024 to 19.07.2024 but the said Vignesh is roaming freely and the respondents failed to take any action against the said Vignesh. 3.The learned Government Advocate (Crl. Side) submits that on the complaint of one Govindasamy, a case was registered against the petitioner on 09.05.2024 in Crime No.11 of 2024 for the offence under Section 420 IPC. It is a job racketing case, several complaints are received regularly and all the complaints received so far has been enquired. As regards the said Vignesh, a Special team formed and since he is absconding, he is unable to be apprehended and soon, the Special team would arrest the said Vignesh. He would submit that the petitioner being an accused now shifts the blame on the absconding accused and claims that he is unnecessarily harassed. He further submitted that for the purpose of investigation, the petitioner is called and nothing more.

4.Considering the submissions made, it is seen that the petitioner is an accused in Crime No.11 of 2024 and he is being called only for the purpose of investigation. The petitioner's defence of shifting the blame on the said 3/6

Vignesh can be done at the time of trial or if the petitioner has any other materials against the said Vignesh, he is at liberty to furnish the same to the respondent police, who shall act upon it. In view of the same, this Court is not inclined to interfere with the investigation being conducted by the respondent police.

5.Accordingly, the writ petition stands dismissed. No costs. 18.09.2024 Index: Yes/No Speaking Order/Non Speaking Order cse 4/6

To 1.The Director General of Police, Post Box No.601, Head Quarters, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Superintendent of Police, District Police Office, Vengikkal, Tiruvannamalai District - 606 604.

3.The Inspector of Police, District Crime Branch (DCB), Tiruvannamalai District - 606 604.

4.The Deputy Commandant, Central Industrial Security Force Unit, Bhavini (DAE), Kalpakkam, Chengalpattu District - 603 127.

5.The Public Prosecutor, High Court of Madras, Chennai 5/6

M.NIRMAL KUMAR, J.

cse 18.09.2024 6/6