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Madras High CourtWP(MD)/21409/2021dismissed

Rajkumar S v. The Superintendent Of Police

2022-01-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.21409 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21409 of 2021 S.Rajkumar ... Petitioner Vs.

1. The Superintendent of Police, O/o.The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Theni Allinagaram police station, Theni.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 23.11.2021 and conduct investigation in a fair manner after perusing all the documents against the real culprit Nanthakumar and alter the FIR in accordance with law.

For Petitioner : Mr.P.Rajkumar For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

2. The petitioner alleges that the investigation in Crime No.597 of 2021 registered on the file of Allinagaram police station is not being conducted in a fair manner. According to him, it is a case of job racketing. According to the petitioner, money was received by one Nanthakumar and that the second respondent is shielding the said accused. Copy of the First Information Report has also been made available. The complainant is one Alagumalai. He had alleged that he has a son by name Ponram and that the accused had offered to secure him employment in Railways on payment of some amount. The petitioner and his father have been named as accused. The defacto complainant has not named Nanthakumar.

3. When the petitioner is figuring as an accused, the question of entertaining this writ petition at his instance or giving direction to the investigation officer will derail the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.21409 of 2021 investigation.

4. I do not find any merit to grant relief. This writ petition stands dismissed. It is for the investigation officer to proceed in the manner known to law. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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, O/o.The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Theni Allinagaram police station, Theni.

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

W.P.(MD)No.21409 of 2021 07.01.2022 AP (20.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2