Madras High CourtWP(MD)/15391/2016dismissed

B.Kamavalli v. The State Of Tamil Nadu

2020-12-15Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and WMP(MD)Nos.11336 and 11337 of 2016 B.Kamavalli ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Home Secretary, Home Department, St. George Fort,Secretariat, Chennai-9.

2.The Director General of Police, O/o the Director of General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-4.

3.The Chairman, National Commission for Scheduled Caste and Scheduled Tribe, 5th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

4.The Secretary, State Commission for Scheduled Caste and Scheduled Tribe, 2nd Floor, Block - 5, Shastri Bhavan, Chennai - 600 044.

5.The District Collector, Karur District, Karur.

6.The Superintendent of Police, O/o. The Superintendent of Police, 1/5

7.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, PCR Wing, Karur, 8.The Inspector of Police, 9.Periyayya, Deputy Superintendent of Police, 10.Chandrasekaran, Inspector of Police, 11.Sujatha Sub Inspector of Police, 12.Murugesan, Special Sub Inspector of Police, 13.The joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K Sampath Building, College Road, Chennai-600 006.

14.V.K.G.Rajendran 15.Mayilvahanan 16.Dhanalakshmi ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the Respondents 1 & 2 to take appropriate disciplinary action against the respondents 9 to 12 for their unlawful activities and human right violation thereby pay compensation to the petitioner for a sum of Rs.25 lakhs for the illegal confinement in the prison in connection with Crime No.441/16 on the file of the 8th respondent within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For R1, R2, R5 to R8 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) 2/5

O R D E R

This writ petition has been filed for a direction to direct the respondents 1 & 2 to take appropriate action as against the respondents 9 to 12 herein and also prayed for interim compensation. 2.The learned Government Advocate (Crl.Side) appearing for the respondents 1, 2, 5 to 8 would submit that a case been registered against the petitioner in Crime No.441/2016, for the offence punishable under Sections 447, 323, 342, 506 (i) and 379 IPC. After completion of investigation, the 8th respondent filed final report before the learned Judicial Magistrate I, Karur, and the same has been taken cognizance in C.C.No.270 of 2018. Only to escape from the clutches of law, false complaint has been foisted by the petitioner to take action against the police officials.

3.It is seen that the learned counsel for the petitioner has enclosed the copy of the complaint along with postal receipt. On perusal of the report submitted by the 8th respondent herein, no complaint is available with the respondents 1 and 2 herein since all the old records are already destroyed.

4.Considering the above facts and circumstances, the Writ Petition is devoid of merits. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Vsd 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 State of Tamil Nadu, Rep. by the Home Secretary, Home Department, St. George Fort,Secretariat, Chennai-9.

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2.The Director General of Police, O/o the Director of General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-4.

3.The Chairman, National Commission for Scheduled Caste and Scheduled Tribe, 5th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

4.The Secretary, State Commission for Scheduled Caste and Scheduled Tribe, 2nd Floor, Block - 5, Shastri Bhavan, Chennai - 600 044.

5.The District Collector, Karur District, Karur.

6.The Superintendent of Police, O/o. The Superintendent of Police, 7.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, PCR Wing, Karur, 8.The Inspector of Police, 9.Periyayya, Deputy Superintendent of Police, 10.Chandrasekaran, Inspector of Police, 11.Sujatha Sub Inspector of Police, 4/5

12.Murugesan, Special Sub Inspector of Police, 13.The joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K Sampath Building, College Road, Chennai-600 006.

and WMP(MD)Nos.11336 and 11337 of 2016 15.12.2020 SSS (CO) NR (19/01/2020) 5P : 14C 5/5