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Madras High CourtCRL OP(MD)/17497/2024allowed

Sasikumar v. The State Of Tamil Nadu

2024-12-06Honourable Mr Justice P.Velmurugan5 pages

Crl.OP.(MD).No.17497 of 2024 and Crl.MP.(MD)No.10906 of 2024 G.K.ILANTHIRAIYAN, J.

Pursuant to the order passed by this Court dated 06.12.2024, the matter had been posted before this Court for reporting compliance on 28.03.2025. However, the second respondent failed to report the compliance due to inadvertence. Therefore, the matter has been mentioned and listed under the caption 'for being mentioned'. 2.

The learned Government Advocate (Crl. Side) appearing for the respondents produced the action taken report as directed by this Court as against the Investigating Officer, who failed to file final report within the stipulated time. The relevant portion of the action taken report is as follows:- "3. It is submitted that, in compliance to dated: 06.12.2024 of Hon'ble Madras High Court made in this Criminal Original Petition, a departmental enquiry was conducted by the Deputy Inspector General of Police, Ramanathapuram Range to which undersigned, the Inspector General of Police, South Zone, Madurai delivered the findings and drawn proceedings vide his proceedings in C.No.C2/02/E-9423769/2025, dated:09.09.2025, as submitted below:

(i). It is a case where the concerned Inspectors of Police and Sub-Inspector of Police, Perunazhi Police Station know the legally mandated time limit for filing charge sheet before concerned court and they are the officers who have the key responsibilities of laying final reports, day to day follow up of cases pending trial. In this regard, the lapses were found in filing final report and hence a departmental disciplinary action under rule 3(a) of TNPSS (D&A) Rules 1955 has been initiated against the erring Police Officers: 1.Tr.A.G.Murugan, Inspector of Police, 2.Tr.S.Sirajudeen, Sub-Inspector of Police, 3.Tr.Thangarasu, Inspector of Police vide PR.Nos:11/2025, 12/2025 and 13/2025 respectively, and the show cause notice have been served against them on 31.03.2025, 02.04.2025 and 04.07.2025 respectively.

(ii). As far as the role of the then Superintendent of Police, Ramanathapuram District, is concerned, it is found that the above-mentioned procedural delay, which was entirely beyond the control of the supervisory officers, has unfortunately been construed in the Hon'ble Madras High Court order dated:06.12.2024 made in this Criminal Original petitions as purposeful negligence on the part of police, including the Superintendent of Police. (iii). The then Superintendent of Police, Ramanathapuram District, may be held responsible if the file of a case comes directly to him, like those registered in District Crime Branch (DCB); but this is not such a case.

Further, it is not even a Grave Crime Case (GCR) that involves a supervisory role of the Superintendents of Police and Deputy Superintendents of Police each and every stage. (iv). Further it is considered that the Ramanathapuram District is highly sensitive in terms of law and order. During the years 2021 and 2022, Ramanathapuram District recorded 3,755 and 4,011 cases respectively, out of which 222 cases in 2021 and 209 cases in 2022 were Grave Crime Register (GCR) cases. The Superintendent of Police had to supervise all these cases, ensure filing of charge sheets, during the said years. Specifically, charge-sheeted GCR cases in the year 2021 and 2022 were 204 and 253 respectively.

Further, the Superintendent of Police has to organize elaborate bandobust arrangements for hyper-sensitive major annual events such as: Thiyagi Immanuel Sekaran Memorial Day, observed by the Devendrakula community across the State and Pasumbon Muthuramalinga Thevar Jayanthi, celebrated by the Maravar community from all over Tamil Nadu. Velalar (v). In addition, it is considered that Ramanathapuram District has several major temple and religious festivals which require continuous and extraordinary attention of the Superintendent of Police.

smuggling, illegal fishing in Sri Lankan waters, and infiltration attempts, require close coordination with the Q Branch, Coast Guard, and Navy. Further, the district is communally and politically sensitive, with a history of casterelated tensions. Even minor law and order issues have the potential to escalate into serious disturbances, compelling the SP to prioritize preventive policing measures such as village vigilance committee meetings, bind-over proceedings, and round-the-clock intelligence monitoring. (vi). To sum up, based on the above facts and the enquiry conducted, already action has been initiated against the erring investigation officers whose prima-facie dereliction of duty was observed. Further, it was found that there were no lapse in the supervising role of then Superintendent of Police, Ramanathapuram district in this regard."

3.

The action taken report has been recorded and the Criminal Original Petition stands closed.

15.10.2025 (2/2) rts

G.K.ILANTHIRAIYAN, J.

rts Crl.OP.(MD).No.17497 of 2024 and Crl.MP.(MD)No.10906 of 2024 15.10.2025 (2/2)