Anton Xavier Vinister v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16203 of 2022 Anton Xavier Vinister ... Petitioner /vs./ 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, 4.The Inspector of Police, Koodankulam Police Station, 5.The Inspector of Police, 6.Mr.John Britto, The Inspector of Police, Koodankulam Police Station, 1/6

7.The Sub-Inspector of Police, 8.Esakkiappan, Grade - II Police, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate departmental proceedings against the respondents 6 to 8 for abusing their official capacity by fabricating forged documents to register a false case against the petitioner in Cr.No.187 of 2021 on the file of 5th respondent by considering the petitioner's representation dated 02.07.2022 and to pass orders more particularly within a time frame as may be stipulated by this Court. For Petitioner : Mr.P.T.Ramesh Raja for Mr.Pon Karthikeyan For Respondents : Mr.M.Siddharthan Additional Government Pleader (For R1 to R5)

ORDER

The prayer in the present writ petition is for a direction to the respondents 1 to 3 to initiate departmental proceedings against the Inspector of Police, Sub 2/6

Inspector of Police and Grade-II Police Constable, who have been arrayed as respondents 6 to 8 herein. The grievance of the petitioner is that based on certain forged documents, the petitioner was detained under Act 14 of 1982. 2.The issue as to whether the respondents 6 to 8 have misused their official capacity and fabricated certain documents for the purpose of registering a false complaint, requires to be first established through Forensic Department or a Court of law.

3.A mere apprehension that these documents are forged may not give rise to a cause of action to the petitioner to seek for a direction the respondents to initiate departmental action against the police officials. In the absence of such documents to establish that these police officials have fabricated / forged certain documents, it could be said that the respondents 6 to 8 were only acting in exercise of their official capacity.

4.In the absence of any cause of action, I am of the view that the petitioner has not made out a case for the purpose of directing the respondents 1 to 3 to 3/6

initiate action against the respondents 6 to 8. Hence, this writ petition stands dismissed. There shall be no order as to costs. 25.07.2022 Index : Yes / No Internet : Yes / No sm 4/6

TO:

1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, 4.The Inspector of Police, Koodankulam Police Station, 5.The Inspector of Police, 5/6

M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.16203 of 2022 Dated:

25.07.2022 6/6