Madras High CourtCRL OP/1680/2017closed

P.Tamilmani @ Ajay, M/22 v. The Government Of Tamil Nadu

2020-10-09Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.O.P.No.1680 of 2017 and Crl.M.P.Nos.1207, 1208, 1209 & 1210 of 2017 1.P.Tamilmani 2.N.Karthik 3.S.Kannaiah Joseph 4.T.Jaheer Hussain 5.J.Karunakkaran 6.N.Lakshmanan 7.J.Arunprakash 8.D.Ayyanar

...Petitioners/Accused

Vs.

1. The Government of Tamil Nadu Rep. by the Chief Secretary to Government Chief Secretariat St.George Fort Chennai - 600 008.

2. The Secretary to Government Home Department, Chief Secretariat St.George Fort Chennai - 600 008.

3. The Director General of Police Mylapore Chennai - 600 004.

4. The Commissioner of Police Commissioner Office, Veppery

5. The Deputy Commissioner of Police Deputy Commissioner Office Mylapore Police Station

6. The Dean Rajiv Gandhi General Government Hospital

7. The Inspector of Police D-5, Marina Police Station

...Respondents/Complainant

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents 1 to 4 to take action and suspend the erred police officials and initiate suitable departmental proceedings for their involvement of brutal attack made upon the petitioners and others in Crime No.92 of 2017. For Petitioners :

Mr.R.Thirumoorthy For Respondents :

Mr.L.Charles Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondents 1 to 4 to take action and to initiate suitable departmental proceedings against the erred police officials for their involvement of brutal attack made against the petitioners and others, in Crime No.92 of 2017. 2.

This petition is filed by one Perumal, who is the father of the first petitioner, on behalf of his son and other petitioners herein. It is his case that, under the guise of suspicion that the petitioners herein have involved in Jallikattu protest, the 7th respondent-police have arrested the petitioners in Crime No.92 of 2017 for the offences under Sections 147, 148, 294-b, 323, 324, 353, 447, 435, 436, 506(II), 306 IPC and Section 3 of Tamil Nadu Public Property Damages and Losses Act, and that the petitioners were brutally assaulted, and according to him, no treatment was provided to them, inspite of the directions given by the learned XIII Metropolitan Magistrate, Allikulam, Chennai, who refused to remand the petitioners to custody, owing to the injuries sustained by them. 3.

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 4.

In the opinion of this Court, disputed question of facts cannot be gone into, under Section 482 Cr.P.C., and hence, the prayer sought for by the petitioners cannot be granted. That apart, the Government has appointed a Commission of Inquiry headed by Hon'ble Mr.Justice S.Rajeswaran, former Judge of this Court to enquire into the Jallikattu protest. 5.

With the above observation, this Criminal Original Petition is closed, with liberty to the petitioners to work out

their remedies in the manner known to law. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To: