K.Arul Amaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and C.M.P.(MD)Nos.319 and 320 of 2025 K.Arul Amaran ...Appellant -Vs1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Tiruchirappalli District.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner, South, Trichy City, Tiruchirappalli District.

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set aside the order dated 28.11.2024 passed by this Court in W.P.(MD)No.15496 of 2023.

For Appellant : Mr.O.R.Gokul Abimanyu For R1 & R2 : Mr.A.Albert James Government Advocate 1/5

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This Writ Appeal is filed against the order of this Court, dated 28.11.2024 in W.P.(MD)No.15496 of 2023.

2.The writ petitioner /appellant was working as an Assistant Commissioner of Police, City Crime Branch, Trichy. On the allegation of demand of bribe, the writ petitioner was arrested and remanded to judicial custody. The writ petitioner was constrained to face both disciplinary and criminal proceedings simultaneously. Hence, the writ petitioner seeking not to proceed with the disciplinary proceedings till the disposal of the criminal case, has filed the writ petition. This Court by an order, dated 28.11.2024 dismissed the writ petition holding that both the proceedings operate on two different files with different two objectives and hence, continuation of departmental proceedings during the pendency of the criminal proceedings cannot cause any prejudice to the delinquent. Challenging the same, the delinquent has filed this writ appeal.

3.Today, when the writ appeal is taken up for hearing, the learned Government Advocate (Crl.side) appearing for the respondent police, on 2/5

instructions, submits that in the criminal case enquiry has been completed and charge sheet has been filed in C.C.No.4 of 2020. Now the criminal case posted for trial. Summons have also been issued to P.W.1. 4.In view of the above submission, the trial Court is directed to conclude the criminal proceedings initiated against the writ petitioner/appellant within a period of six months from the date of receipt of a copy of this order. Since the criminal case is under trial, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case. Accordingly, the departmental proceedings/disciplinary proceedings shall be kept in abeyance till the disposal of the criminal proceedings. Once the criminal proceedings is completed, the Department shall proceed with the departmental proceedings. 5.Accordingly, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (S.S.Y.,J.) 12.03.2025 Index : Yes/No Internet : Yes/No ta 3/5

To.

1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Tiruchirappalli District.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner, South, Trichy City, Tiruchirappalli District. 4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 12.03.2025 5/5