Chinnaiah, v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and W.M.P.(MD).Nos.10111 and 10112 of 2016 Chinnaiah ... Petitioner Vs.

1.The Director General of Police, Chennai.

2.The Inspector General of Police, Central Zone, Tiruchirapalli.

3.The Superintendent of Police, Tiruchirapalli District, Tiruchirapalli.

4.The Inspector of Police, Manapparai Police Station, Tiruchirapalli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representations dated 07.04.2016, 12.04.2016 and 18.04.2016 submitted to the third respondent, second respondent and first respondent respectively.

For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to consider the petitioner's representations dated 07.04.2016, 12.04.2016 and 18.04.2016

2. Heard both sides.

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3. The grievance of the petitioner is that, his elder son Senthilkumar and his son-in-law Murugesan have attacked him and caused grievous injuries in respect of a civil dispute. Hence, he filed a complaint against them before the fourth respondent police and that was not registered, whereas the complaint given by his elder son Senthilkumar has been registered and they were arrested by the fourth respondent. The fourth respondent police has acted against the interest of the petitioner. In the above circumstances, the petitioner has made a representation to the authorities to take necessary action against the fourth respondent. However, it has not been considered so far. Hence, the present writ petition has been filed.

4. The fourth respondent has filed a counter affidavit stating that there is a civil dispute between the petitioner and his elder son Senthilkumar, and on 29.01.2016, the petitioner and his younger son Suresh attacked his elder son Senthilkumar and his son-in-law Murugesan and caused injuries to them. Hence, they were admitted in the Government Hospital, Manaparai and based on the complaint given by the injured person, a F.I.R. has been registered against the petitioner in Crime No.125 of 2016 for the offences under Sections 294(b), 324 and 506(ii) of I.P.C. Thereafter, the petitioner has filed a complaint before the State Human Rights Commission and the Commission vide order dated 23.06.2016, directed the third respondent to take necessary action. During enquiry, it was found that the complaint has been filed with mala fide intention and to victimise the police officials. That apart, it is only a civil dispute between the parties.

5. Considering the fact that already the petitioner's representation has been considered and on the complaint made by the petitioner, enquiry has been conducted by the Superintendent of Police, Tiruchirapalli and the same was closed, now the relief sought for by the petitioner cannot be granted. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police, Chennai.

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2.The Inspector General of Police, Central Zone, Tiruchirapalli.

3.The Superintendent of Police, Tiruchirapalli District, Tiruchirapalli.

4.The Inspector of Police, Manapparai Police Station, Tiruchirapalli District.

Order made in Dated: 30.07.2019 akv JMN(29.08.2019) 3P : 5C 3/4