Madras High CourtCRL OP/28121/2022disposed of

Sudhakar v. District Collector

2023-07-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.28121 of 2022 Sudhakar Petitioner vs.

1.The District Collector, Thiruvarur District, Thiruvarur.

2.The Superintendent of Police, Thiruvarur District, Thiruvarur.

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents to hold an enquiry u/s. 151 Police Standing Orders by considering the representation dated 29.9.2022 in accordance with law to secure the ends of justice. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This petition has been filed for a direction to the respondent to hold an enquiry under Police Standing Order 151 based on the representation given by the petitioner on 29.09.2022.

2.Heard Mr.R.Sankarasubbu, learned counsel appearing on behalf of the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl. Side) appearing on behalf of the respondents.

3.The grievance of the petitioner is that he was arrested by the Police officials belonging to Vaduvoor Police Station on 15.06.2020 without assigning any reasons. That apart, the petitioner was also harassed and tortured and a false FIR came to be registered against the petitioner in Crime No.820 of 2020. That apart, yet another FIR came to be registered in Crime No.821 of 2021 by the same police for the alleged offense that is said to have been committed inside the police station.

4.The investigation was completed and the final report was filed before the learned Judicial Magistrate-1, Mannargudi and which was taken on file in

C.C.No.452 of 2022. This case pertains to Crime No.821 of 2020. The proceedings was challenged by the petitioner before this Court in Crl.O.P.No.19383 of 2020 and this Court by an order dated 01.07.2022, quashed the proceedings.

5.The petitioner thereafter made a representation on 29.09.2022 to the respondents requesting for conducting an enquiry under Police Standing Order 151 for the excesses committed by the police and for taking action against the concerned police officials. Since the same was not considered, the present petition has been filed before this Court.

6.Taking into consideration the facts and circumstances of the case and on carefully considering the submissions made on either side, there shall be a direction to the petitioner to make a fresh representation before the Superintendent of Police, Thiruvarur District. On receipt of the same, the Superintendent of Police shall conduct an enquiry strictly in accordance with Police Standing Order and take a decision, within a period of three months from the date of receipt of the fresh representation/complaint from the petitioner.

N. ANAND VENKATESH, . J.

ssr 7.This criminal original petition is disposed of in the above terms. 04.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The District Collector, Thiruvarur District, Thiruvarur.

2.The Superintendent of Police, Thiruvarur District, Thiruvarur.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P No.28121 of 2022