Usman Ali v. The State Of Tamilnadu Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD).Nos.10242 and 10244 of 2022 Usman Ali ... Petitioner Vs.
1.The State of Tamil Nadu Rep.by the Principal Secretary, Home Department, Fort St.George, Chennai-600 009.
2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 005.
3.The Commissioner of Police, Office of the Commissioner of Police, Trichy District.
4.The Inspector of Police, Fort Police Station, Trichy District. ... Respondents 1/6
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take action on the basis of the representation submitted by the petitioner's wife dated 16.06.2022 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.S.Ramesh Kumar For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor
O R D E R
This Writ Petition has been filed to direct the respondents 1 to 3 to take action, on the basis of the representation submitted by the petitioner's wife dated 16.06.2022, within the time stipulated by this Court.
2. The learned counsel appearing for the petitioner would submit that one Karunakaran, the Sub-Inspector of Police, called the petitioner through cell phone to attend enquiry before the fourth respondent Police about his loan issue with one Arul Murugan, and thereafter, the petitioner has also appeared before the fourth respondent, however, the fourth 2/6
respondent illegally detained the petitioner and registered a false case in Crime No.861/2022 against him by stating that he threatened one Victor by showing a knife and took a sum of Rs.2,000/-. But, for the very same occurrence, Crime No.858 of 2022 was registered against the said Arul Murugan. Hence, the petitioner's wife has sent a representation for taking action to the respondents 1 to 3 against the erring officials, however, no action was taken. Therefore, this Writ Petition has been filed.
3. The learned counsel appearing for the petitioner would further submit that it would suffice, if the respondents are directed to consider the representation of the petitioner's wife, dated 16.06.2022, and pass appropriate orders on merits and in accordance with law, within a specified period.
4. The learned Additional Public Prosecutor appearing for the respondents submits that apart from this case, the petitioner is having two cases and he was arrested and remanded to judicial custody for another case and thereafter, he obtained bail. Therefore, if at all the petitioner's 3/6
wife is having any grievance, she has to file a private complaint under Section 156(3) Cr.P.C or 200 Cr.P.C, as against the erring officials, instead, the petitioner's wife has made the representation before the respondents Police which is not sustainable one.
5. Recording the submission made by the learned Additional Public Prosecutor appearing for the respondents, this Writ Petition is dismissed. However, liberty is granted to the petitioner to file a private complaint under Section 156(3) Cr.P.C or Section 200 Cr.P.C. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
05.02.2024 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No 4/6
To:
1.The State of Tamil Nadu Rep.by the Principal Secretary, Home Department, Fort St.George, Chennai-600 009.
2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 005.
3.The Commissioner of Police, Office of the Commissioner of Police, Trichy District.
4.The Inspector of Police, Fort Police Station, Trichy District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J.
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