Madras High CourtWP(MD)/6626/2018dismissed

P.Nagavel v. The State Of Tamil Nadu

2018-06-22Honourable Mr Justice D. Krishnakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.6626 of 2018 and W.M.P.(MD)No.6424 of 2018 P.Nagavel ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. By its Secretary to Government, Home Department, Fort. St. George, Secretariat, Chennai-9.

2. The Director General of Police, Police Head Quarters, Mylapore, Chennai-4.

3. The Inspector General of Police, State Crime records Bureau (SCRB), Crime and Criminal Tracking Network & System Santhome High Road, Raja Annamalaipuram, Chennai-600 028.

4. The Additional Director General of Police, Tamil Nadu Police Department, Mylapore, Chennai-4.

5. The Inspector of Police, South Zone, Madurai.

6. The Deputy Inspector General of Police, Ramanathapuram Range,

7. The Superintendent of Police, Ramanathapuram,

8. The Deputy Superintendent of Police, Thiruvadanai, Rananathapuram District.

9. The Inspector of Police, Thondi Police Station, Thondi, 10.Kottudurai 11.Balu 12.Murugesan 13.Arumugam 14.Sandru @ Ganesan 15.Nagarasu 16.Panjacharam 17.Thirunavukarasu 18.Dharmaraj 19.Sakthi 20.Nataraja 21.Muneeswaran 22.Nallamuthu 23.Nandhu 24.Santhanaraj 25.Maniraj 26.Muthukumar @ Annamalai 27.Chinnamani 28.Neelakandan 29.Kannan @ Singaravelan 30.Mukesh 31.Thaipasam 32.Kutty @ Vimalaraj 33.Kanniah

...Respondents

Writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents 1 to 8 herein to issue suitable direction to the 9th respondent to verify the genuineness and truthfulness of the complaints given by the private respondents 10 to 33 herein against the petitioner herein before being processed the same in the manner known to law and in accordance with law.

For Petitioner : Mr.A.Saravanan For R1 to R9 : Mr.P.Kannidevan Additional Government Pleader For RR10, 12 to 14, 16, 17, 22, 23, 31 and 33 : Mr.K.Veilmuthu For RR15,18 to 21, 24 to 30 and 32 : Mr.N.Sudhakar Nagaraj

O R D E R

This Writ Petition has been filed seeking a direction to the respondents herein to issue suitable direction to the 9th respondent to verify the genuineness and truthfulness of the complaints given by the private respondents 10 to 33 herein against the petitioner herein.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and the learned counsel appearing for the private respondents.

3.According to the petitioner, the petitioner made a detailed representation to the respondents 1, 2, 4 to 6 and 8 on 18.03.2018 to issue a suitable directions to the 9th respondent not to register the false complaint against the petitioner based on the complaint given by the private respondents 10 to 33. No action has been taken so far on the above said representation of the petitioner. Hence the petitioner filed this present writ petition before this Court.

4.When the matter was taken up, earlier, this Court directs the respondents to file counter affidavit. Today, counter affidavit has been filed. In the counter affidavit filed by the respondents, in paragraph No.5, it is held as follows:- "5.I respectfully submit that meanwhile, the respondents filed a writ petition before the Hon'ble Court in W.P.(MD)No.22002 of 2017 and the same was dismissed on 20.02.2018.

In this situation, on 19.03.2018 this petitioner sent his representation to transfer the case from the hands of me to any other Investigating Agency and take appropriate action against the 9th respondent police officials. The investigation in case in Crime No.23/2018 is going on. The defacto complainant in this case is admitted in the Government Hospital, Thiruvadanai. After received the intimation from the hospital, the SubInspector went to the hospital and received the complaint from the defacto complainant. The complaint discloses the prima-facie case against this petitioner. So, it is clear that there is no intention to register the false case against the petitioner. Further, there is no dispute between the investigating officer and the petitioner.

The investigation is properly going on and the final report will be filed as early as possible without any bias. Hence, the petition is liable to be dismissed." 5.

of the complaint given by the private respondents herein against the petitioner.

6.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Home Department, Fort. St. George, Secretariat, Chennai-9.