← Library
Madras High CourtWP/43661/2016disposed of

R.Sathyavel v. The Director General Of Police

2016-12-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2016

CORAM

THE HON'BLE Mr. JUSTICE R.MAHADEVAN W.P.No.43661 of 2016 and W.M.P.No.37478 of 2016 R.Sathyavel [ Petitioner ] Vs

1. Director General of Police, Police Headquarters, Kamarajar Salai, Mylapore, Chennai-4.

2. Inspector General of Police, North Zone, Chennai.

3. Senthil Kumari

4. Pazhalavan

5. Sanaran

6. Ravichandran [Respondents] Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, forbearing the respondents and his subordinates from interfering with the dayto-day life, liberty, dignity of the petitioner, enshrined under Article 21 of Constitution of India without following the due process of law by considering his representation dated 21.11.2016.

For Petitioner ..

Ms.S.P.Arthi For Respondents ..

Mr.C.Emalias, Additional Public Prosecutor

ORDER

The present Writ Petition is filed to issue a writ of mandamus, forbearing the respondents and his subordinates from interfering with the day-to-day life, liberty, dignity of the petitioner, enshrined under Article 21 of Constitution of India, without following the due process of law by considering his representation dated 21.11.2016.

2.

It is seen that on an earlier occasion, the petitioner filed Crl.O.P.No.20115 of 2016 seeking a direction to the respondents therein to consider his representations dated 18.08.2016 and 25.08.2016 to provide him adequate police https://hcservices.ecourts.gov.in/hcservices/

protection. In that petition, this Court by order dated 08.09.2016, directed the petitioner to co-operate with the enquiry and the respondents were directed to take action in accordance with law.

3.

In this writ petition, it is the specific allegation of the petitioner that after the said direction, he approached the respective police authorities for speedy disposal of the investigation, but, no progress has been made. So, the petitioner approached the Chief Judicial Magistrate, Vellore, by filing a complaint dated 21.11.2016 under Sections 173(5), 200 and 310 of Cr.P.C. in CMP.No.603 of 2016 to take action against the respondents 3 to 6 police officials.

4.

Learned Additional Public Prosecutor appearing for the respondents opposing this Writ Petition would contend that if the petitioner co-operates with the investigation, the proceedings will be over and no threat will be caused by the respondents. The said submission is recorded. 5.

Considering the facts and circumstances of the case, the petitioner is directed to co-operate with the enquiry and the respondents 1 and 2 are directed to consider the representation of the petitioner dated 21.11.2016 on merits and in accordance with law and pass appropriate orders thereon, within a period of four weeks from the date of receipt of a copy of this Order.

6.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar tsi To

1. Director General of Police, Police Headquarters, Kamarajar Salai, Mylapore, Chennai-4.

2. Inspector General of Police, North Zone, Chennai.

W.P.No.43661of 2016 ppa(co) ss(19/01/2017) https://hcservices.ecourts.gov.in/hcservices/