Madras High CourtCRL OP(MD)/883/2022disposed of

Vengadesh Babu v. The Superintendent Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.883 of 2022 and W.P(MD)No.907 of 2022 Crl.O.P(MD)No.883 of 2022:

Vengadesh Babu ... Petitioner/Accused No.2 Vs.

1.The Superintendent of Police, 2.The Inspector of Police, All Women Police Station, Rajapalayam, (Crime No.20 of 2021) 3.Maria Backiam, Inspector of Police, All Women Police Station, Rajapalayam.

(R.3 Suo motu impleaded as per order of this Court dated 20.01.2022 in Crl.O.P(MD)No.

883 of 2022 and W.P(MD)No.907 of 2022) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct some other impartial agency to investigate the FIR in Crime No.20 of 2021 on the file of the second respondent Police to do a thorough investigation to proceed and complete necessary action and file a final report for the same. For Petitioner : Mr.M.Vijayarathinam For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) for R.1 & R.2 1/3

W.P(MD)No.907 of 2022:

V.Sri Devi ... Petitioner -Vs1.The Superintendent of Police, 2.The Inspector of Police, Keelarajakularaman, Rajapalayam Taluk, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to conduct a proper and fair enquiry on the complaint dated 25.12.2021 given by this petitioner and take necessary action against the Inspector of Police AWPS, Rajapalayam and 4 other Police Officers wihitn the time stipulated by this Court.

For Petitioner : Mr.M.Vijayarathinam For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) COMMON

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the official respondents.

2. Thiru.Vengadesh Babu is shown as an accused in Crime No.20 of 2021 registered on the file of the All Women Police Station, Rajapalayam. The husband and wife are the petitioners in the Criminal Original Petition and Writ Petition. The husband, Vengadesh Babu, is shown as A.2 in Crime No.20 of 2021 registered on the file of All Women Police Station, Rajapalayam. During his incarceration, he has suffered a fracture on one of his legs. The petitioner's counsel strongly alleged that the fracture was caused deliberately by the local Police. Even though the Doctor attached to Government Hospital, Srivilliputhur, submitted before this Court that it was due to own fall, I have my own doubts. However, due to paucity of time, I am not in a position to probe the matter further.

The petitioners state that if the investigation is continued by the Inspector of Police, All Women Police Station, Rajapalayam, it will not be fair. They make some allegations having religious dimensions. Again, I am not in a position to enter into factual controversies.

Superintendent of Police, Virudhunagar, I call upon the Superintendent of Police, Virudhunagar, to carefully go into the allegations made by the petitioners herein. As an exceptional case, the Superintendent of Police will give personal hearing to the petitioners. The Superintendent of Police will decide as to whether the investigation should be continued by the present Investigation Officer or it should be entrusted in the hands of the some other officer. The decision is entirely with the Superintendent of Police. With this direction, both the Criminal Original Petition as well as the Writ Petition are disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police AWPS, Rajapalayam.

2.The Superintendent of Police, 3.The Inspector of Police, Keelarajakularaman, Rajapalayam Taluk, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.883 of 2022 and W.P(MD)No.907 of 2022 02.02.2022 INS(CO) KB(16.02.2022) 3P 5C 3/3