Shanthi, v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14017 of 2019 1.Shanthi 2.Nagarajan : Petitioners
Versus
1.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.
2.The Superintendent of Police, Sivagangai District.
3.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
4.Mr.Ravindran, Now presently working as Inspector of Police (Crime), Thakottai Police Station, Sivagangai District.
: Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second, third and fourth respondents not to harass the petitioners under the guise of enquiry by registering false case against them and consequently direct the first respondent to take disciplinary action against the fourth respondent herein for the unlawful activities. For Petitioner : Mr.G.Solai Raja For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****
O R D E R
This Writ Petition has been filed seeking for a direction to the respondents 2 to 4 not to harass the petitioners under the guise of enquiry by registering false case against them and consequently direct the first respondent to take disciplinary action against the fourth respondent herein for the unlawful activities.
2. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.
3. The grievance of the petitioners is that the fourth respondent while working as the Inspector of Police, Karaikudi Police Station, with a mala fide intention, has registered some criminal cases against the petitioners and thereby harassing them. Hence, the petitioners made a complaint before the higher authorities. Since no action was taken by the higher authorities, the petitioners have filed the present Writ Petition.
4. The learned Government Advocate (Crl. side) appearing for the respondents, on instructions, submitted that as many as five theft cases are pending against the petitioners for the major offences punishable under Sections 457 and 380 of the Indian Penal Code and all the cases have been registered on complaints given by the victims, and there is no mala fide intention on the part of the fourth respondent.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are the habitual offenders and there are five criminal cases pending against the petitioners, based on the specific complaint given against the petitioners, a crime has been registered and investigation has been conducted. That apart, the fourth respondent, who was working as the Inspector of Police, Karaikudi Police Station and he has been transferred, now to Thakottai Police Station, Sivagangai District and he is also no more working in the Karaikudi Police Station. In the above circumstances, I find no merit in the Writ Petition.
6. Accordingly, the Writ Petitin stands dismissed. No costs.
Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS)
To 1.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.
2.The Superintendent of Police, Sivagangai District.
3.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
4.Mr.Ravindran, Now presently working as Inspector of Police (Crime), Thakottai Police Station, Sivagangai District. +1 CC to M/s.G. SOLAIRAJA, Advocate ( SR-9388[D] dated 17/07/2019 ) TS(17.07.2019) 3P-6C Order made in W.P.(MD)No.14017 of 2019 25.06.2019