S. Bavaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL S. Bavaji ... Petitioner Vs The Inspector of Police, Devipattinam Police Station, Devipattinam, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing, the respondent to consider and take appropriate action on the petitioner's statement recorded by the respondent police in the Government Hospital, Ramanathapuram on 26.01.2025, while admitting the petitioner as in patient.

For Petitioner : Mr.A.Saravanan, For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor For Intervenor : Mr.Atham Ali 1/6

O R D E R

This writ petition has been filed seeking to direct the respondent to consider and take appropriate action on the petitioner's statement recorded by the respondent police in the Government Hospital, Ramanathapuram on 26.01.2025.

2.The learned Counsel for the petitioner would submit that the petitioner is working as Probation Officer in the Department of Prisons and Correctional Services, Ramanathapuram. While so, a colleague of the petitioner very often received obscene pictures and statements. On enquiry, it is came to know that one Mohammed @ Ahamed Afsar belongs to Sitharkottai used to post and send the obscene pictures and threatens in the cell phone. While so on 25.01.2025, the petitioner went to the place of the said Mohammed @ Ahamed Afsar and received the cell phone. While the petitioner attempted to hand over the cell phone to the respondent police, the said Mohammed @ Ahamed Afsar and one Fizal, Advocate and one more unknown person chased the petitioner and wrongfully restrained and brutally attacked him. Therefore, he sustained severe injuries and he was admitted to the Government Hospital and the 2/6

respondent police also recorded the statement of the petitioner and thereafter, they have not taken any steps. Hence, this petition has been filed.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the respondent police recorded the statement of the petitioner on 28.01.2025 in the Government Hospital, Ramanathapuram and counter complaint was also received from the Mohammed @ Ahamed Afsar and for both the complaints, C.S.R.Nos.35 and 36 of 2025 have been assigned respectively and the same are under enquiry. To complete the enquiry, they need short span of time and thereafter, they will take action in accordance with law. 4.Mr.Atham Ali, learned Counsel represented that he filed impleading petition on behalf of Mohammed @ Ahamed Afsar. In order to number the same, he sought for adjournment. 5.Since the petition has not been numbered so far and CSR has also been given by the respondent police for the complaints given by both the parties, it is for the respondent police to complete the enquiry 3/6

within a period of one week. Therefore, the request of the learned Counsel for the intervenor is declined.

6.Since the enquiry is pending on the complaint of the petitioner and the counter complaint, the respondent police is directed to complete the enquiry and to take appropriate action and to act according to law and on merits.

7.With the above observations and direction, this writ petition is disposed of.

05.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6

To 1.The Inspector of Police, Devipattinam Police Station, Devipattinam, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL , J.

LR 05.02.2025 6/6