L.Vasuki v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM and W.M.P.(MD).No.6928 and 6930 of 2020 L.Vasuki ... Petitioner Vs.

1.The Director General of Police, State of Tamil Nadu, Chennai-04.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Sathankulam Police Station, Thoothukudi District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondent herein to ensure strictly adhere to the law laid down by Honourable Supreme Court of India in Lalitha Kumari Vs Government of U.P (W.P(Crl) No.68 of 2008) in cases of Police excesses and thereby ensure immediate registration of FIR in cases where police persons are the alleged offenders and issue any guidelines, directions or standard operating procedures to be followed by the respondents herein and his subordinates in cases of police excesses.

For Petitioner : Mr.A.Rajarajan For Respondents : Mr.K.Chellapandian assisted by Mr.VR.Shanmuganathan Special Government Pleader

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is a resident of Palayakara street, Bhuvanagiri Post & Taluk, Cuddalore District, and she came forward to file this writ petition, styled as a Public Interest 1/3

Litigation, alleging certain lapses as to the non-registration of the First Information Report, despite the complaint lodged by the close family members, which prima facie discloses the commission of cognizable offence namely, the commission of the offence of murder.

2.The learned counsel appearing for the petitioner would submit that the concerned police officials have deliberately failed to perform their duties and also not adhered to the guidelines/directions issued by a decision rendered by the Constitutional Bench of the Hon'ble Supreme Court in Lalithakumari Vs. Government of Uttarpradesh and Others reported in 2014 (2) SCC .

3.This Court paid its anxious consideration to the arguments advanced by the learned counsel appearing for the petitioner.

4.This Court, on Judicial side, has already taken up suo motu WP(MD) No.7042 of 2020 and is dealing with the aspects of the tragic demise of father and son, namely, Jayaraj and Benniks. Therefore, this Court is of the view that this writ petition is not necessary and hence, it is to be closed.

5.This writ petition is closed accordingly. However, the petitioner is granted liberty to intervene and render necessary assistance, both factually and legally, to this Court in the said writ petition. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) VS 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. 2/3

To 1.The Director General of Police, State of Tamil Nadu, Chennai-04.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Sathankulam Police Station, Thoothukudi District W.P.(MD) No. 7470 of 2020 09.07.2020 KM (17.07.2020) 3P 4C 3/3