A.Arockiya David v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR A.Arockiya David .. Petitioner Vs

1. The Commissioner of Police Madurai City Madurai.

2. The Inspector of Police D4, Thirupalai Police Station Madurai City, Madurai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to give suitable instructions to the second respondent by considering the petitioner's representation dated 04.09.2024 in connection with case in Crime No. 798 of 2024 on the file of the second respondent within the time stipulated as prescribed by this Court.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed to direct the first respondent to give suitable instructions to the second respondent by considering the petitioner's representation dated 04.09.2024 in connection with case in Crime No.798 of 2024 on the file of the second respondent within the time stipulated as prescribed by this Court.

2. The petitioner has sent representation dated 04.09.2024 stating that his son has been falsely arrayed as an accused in Crime No.798 of 2024. The petitioner has earlier lodged complaint and a case in Crime No.797 of 2024 has been registered. It is a case and case in counter. The defacto complainant in Crime No. 798 of 2024 with an ulterior motive to cause harassment impleaded son of the petitioner namely A. Lenin as an accused. The petitioner's son is studying I year B.E.,(computer science) in SIMATS Engineering, Saveetha Institute of Medical and Technical Sciences, Chennai- 602 105 and he also produced copy of bonafide certificate of his son. Hence he has filed the present petition. 2/5

3. The learned Additional Public Prosecutor would submit that on the representation of the petitioner credential of the petitioner's son has been verified and it is seen that the petitioner's son is a bonafide student pursuing I year B.E.,(computer science) in SIMATS Engineering, Saveetha Institute of Medical and Technical Sciences, Chennai602 105 and he was attending the college from 01.08.2024 to 14.08.2024 without absence. The alleged occurrence in this case has taken place on 06.08.2024. On verification of the said fact the name of the petitioner's son has been deleted from the array of the accused.

4. In view of the same nothing survives for further adjudication and hence the petition stands dismissed. No costs. 08.11.2024 Index: Yes/No Internet : Yes/No aav 3/5

To

1. The Commissioner of Police Madurai City Madurai.

2. The Inspector of Police D4, Thirupalai Police Station Madurai City, Madurai

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

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M.NIRMAL KUMAR, J.

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