Solairaja.C v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021 CORAM :
THE HONOURABLE Mr.JUSTICE G.ILANGOVAN C.Solairaja
...Petitioner
/Vs./ 1.The Superintendent of Police, Office of the Superintendent of Police, Alagar Koil Road, K.Pudur, Madurai.
2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, 1/165 G, Alagar Koil Main Road, Madurai-2.
3.Rajan 4.Mariappan 5.Mithun Chakravarthi
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the respondents 3 to 5 on the complaint lodged by the petitioner on 10.04.2021 and 14.04.2021. For Petitioner : Mr.M.S.Mohamed Ayub For R1 and R2 : Mrs.S.Bharathi Government Advocate (Criminal Side)
ORDER
By consent, this Writ Petition is taken up for final hearing at the admission stage itself.
2.The present petition is filed seeking a direction to the respondents 1 and 2 to take appropriate action against the respondents 3 to 5 on the basis of the complaints given by the petitioner on 10.04.2021 and 14.04.2021.
3.The grievance of the petitioner is that he is an practicing Advocate for the past 16 years. On 10.04.2021, at around 05.00 p.m., the fifth respondent herein abused the petitioner in filthy language and also assulated him. So, he lodged a complaint before 1/3
the Sub-Inspector of Police, Usilampatti Police Station on the same day itself. The fifth respondent went to the police station and he also quarrelled with the fourth respondent. The petitioner requested the fourth respondent to register a case in C.S.R., but that was refused. Again at around 10.00 p.m., the fifth respondent came to the house of the petitioner and started abusing and shouted at him. Again at about 11.00 p.m., the petitioner and his brother went to the third respondent and made a complaint. But, no action was taken. So, he met the first respondent on 11.04.2021 at around 02.00 p.m., for lodging the complaint. Since he was not available, the petitioner met the third respondent. But the third respondent was misbehaving and he has not taken any action against the fifth respondent. So, he made a representation, dated 14.04.
2021 to the higher officials to take action against the respondents 3 to 5. Till date, the respondent police did not take any action, the petitioner filed the present petition before this Court. 4.According to the learned Government Advocate (Criminal side), the original complaint given by this petitioner has been returned and thereafter, the petitioner lodged a fresh complaint, which was also given on 14.04.2021 to the second respondent, forwarded to the Director of Vigilance as per the procedure. Now it is under process. Therefore, nothing survives for further adjudication in this case.
5.Recording the said submissions made by the learned Government Advocate (Criminal side), the writ petition is closed. No costs. If any necessity arises in future, liberty is always available to the petitioner to move the Court for appropriate remedy. Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Superintendent of Police, Office of the Superintendent of Police, Alagar Koil Road, K.Pudur, Madurai.
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2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, 1/165 G, Alagar Koil Main Road, Madurai-2.
19.04.2021 KG(CO) TR(08.06.2021) 3P 3C 3/3