Ramaneeswari v. The Prl. Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ramaneeswari ... Petitioner Vs.
1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.
3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.
4.The Inspector of Police, Thilagar Thidal Police Station, Madurai.
5.Flowershella, The Inspector of Police, Thilagar Thidal Police Station, Madurai.
Now, The Inspector of Police, S.S. Colony Police Station, Madurai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.2 and 3 to take appropriate action against the respondent No.5 on the basis of the petition submitted by the 1/3
petitioner dated 01.05.2020 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 to R4.
No appearance for R5
ORDER
The petitioner has given a representation dated 01.05.2020 alleging that she was a victim of police high-handedness. It appears that the petitioner's son is involved in a number of criminal cases. The fourth respondent had come in search of the petitioner's son. It is stated that the criminal force was employed on the petitioner without any provocation. The petitioner is said to have suffered micro fracture, for which she took treatment in Government Rajaji Hospital. The petitioner lodged a complaint against the fourth respondent, who has been named in person also. Since no action was taken, this writ petition came to be filed. Notice was ordered.
2.When the matter was taken up for final disposal, the learned Additional Public Prosecutor submitted that the Assistant Commissioner of Police was appointed as enquiry officer and after conducting an enquiry and after hearing the petitioner as well as the fifth respondent, enquiry was closed. The closure report dated 30.10.2021 has also been served on the petitioner's counsel. Since factual aspects are involved, Writ Court may not be in a position to go into the contentions of the petitioner. Therefore, the writ petition is closed giving liberty to the petitioner to move the jurisdictional civil or criminal Court or Human Rights Commission for appropriate relief. I make it clear that I have not gone into the merits of the matter. I have refrained from going into the merits of the matter since it would involve conducting a factual probe. No costs.
Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 2/3
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To:
1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.
3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.
4.The Inspector of Police, Thilagar Thidal Police Station, Madurai.
09.11.2021 MGJ/NS(22.11.2021) 3P 5C 3/3