Sudhakar .B v. The State Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.20788 of 2022 B.Sudhakar ... Petitioner /vs./

1. The State Rep. by its Chief Secretary St.George Fort, Chennai.

2. The District Collector Trichy District

3. The District Collector Pudukkottai

4. The Inspector General of Police TVS Toll gate Corner

5. The Superintendent of Police

6. The Superintendent of Police 1/6

7. The Deputy Superintendent of Police Thiruverumbur ,Trichy

8. The Deputy Superintendent of Police 9.The Deputy Superintendent of Police OCIU Police Office Behind Ayyappan Temple Cantonment, SBI officers Colony ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 9th Respondent to produce all the reports sent against the Petitioner and scrutinize the same whether the information contains in the report is true or not and allow the Petitioner to live peacefully without any torture from the 5th to 9th respondent. For Petitioner : Mr.K.G.Arunkumar For Respondents : Mr.B.Nambi Selvam Additional Public Prosecutor

ORDER

This petition has been filed seeking for issuance of Writ of Mandamus directing the 9th Respondent to produce all the reports sent against the Petitioner 2/6

and scrutinize the same whether the information contains in the report is true or not and allow the Petitioner to live peacefully without any torture from the 5th to 9th respondent.

2.The learned Additional Public Prosecutor vehemently objected to hear the learned Counsel for the Petitioner by stating that this petition is field to direct the 9th Respondent to produce all the reports sent against the Petitioner and scrutinize the same whether the information contains in the report is true or not and allow the Petitioner to live peacefully without any torture from the 5th to 9th respondent. He further objected to maintainability of the petition stating that the Petitioner is the History sheeted rowdy and the police have records regarding the same. He would further submit that the Petitioner is involved in engaging hirelings through out the state of Tamil Nadu, therefore the 9th respondent had collected details. The Petitioner herein seeks Writ of Manadamus regarding details collected by the OCIU against the petitioner and forwaded to the higher authorities, that should be under the judicial scrutiny which cannot be accepted. Therefore he seeks dismissal the same.

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3. The learned Counsel for the Petitioner would submit that the Petitioner is having two murder cases against him except two cases no other cases is pending against him, whereas the 9th respondent has sent false report to the higher officials. Therefore he has filed this petition seeking details from the 9th respondent regarding the report sent to the higher officials.

4. By way of mandamus the Petitioner who is alleged to be history sheeter as per the submission of the learned Additional Public Prosecutor cannot seek details of the Organized Intelligence Crime Unit gathered by the Special Unit(OCIU) and hold judicial scrunity of the same on the behest of the petitioner It is found unwarranted interference by this Court under Article 226 of the constitution of India, therefore the same is dismissed on the objection made by the learned Additional Public Prosecutor. No costs. 15.09.2022 Index : Yes / No Internet : Yes / No aav 4/6

To

1. The Chief Secretary St.George Fort, Chennai.

2. The District Collector Trichy District

3. The District Collector Pudukkottai

4. The Inspector General of Police TVS Toll gate Corner

5. The Superintendent of Police

6. The Superintendent of Police

7. The Deputy Superintendent of Police Thiruverumbur ,Trichy

8. The Deputy Superintendent of Police 9.The Deputy Superintendent of Police OCIU Police Office Behind Ayyappan Temple Cantonment, SBI officers Colony

10. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

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