Mujilbur Rahman v. The State Represented To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.8792 of 2013 and M.P.(MD)No.1 of 2013 Mujibur Rahman : Petitioner Vs.

1.The State represented by Home Secretary, Secretariat, Fort St.George, Chennai-600 009.

2.The Director General of Police, Tamil Nadu Police Head Quarters, Kamarajar Salai, Chennai-600 004.

3.The Commissioner of Police, Madurai City Police, South Chithirai Street, Madurai-625 001.

4.The Superintendent of Police, District Police Office, K.Pudur, Madurai-625 007.

5.Mr.Mayil Vahanan 6.K.Madasamy 7.Inspector of Police, K.Pudur Police Station, Madurai-7.

8.Inspector of Police, Anna Nagar Police Station, Madurai-7.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to initiate departmental and legal action

against the fifth and sixth respondents and consequently, appoint a senior level officer to conduct the investigation of the cases in Crime No.788/2011, Cr.No.1302/2011 on the file of the seventh respondent, Crime No.404/2012 on the file of the 8th respondent and Crime No.362/2012 on the file of the 6th respondent or to any other competent higher police officer or any other agency. For Petitioner : Mr.C.M.Arumugam For Respondents 1to4, 7&8 : Mr.M.Govindan, Special Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition by way of a Public Interest Litigation seeking a direction to the respondents 1 to 4 to appoint a senior level officer to investigate the cases in Crime Nos.788/2011, 1302/2011, 404/2012 and 362/2012.

2. It is brought to our notice that the petitioner is the accused in these cases and in some cases, investigation has been completed and charge sheet has been laid and in some cases, investigation is in progress.

3. In our considered view, this Public Interest Litigation itself is a clear abuse of process of Court. If the petitioner has got any grievance regarding the criminal cases registered against him, his remedy lies elsewhere and not by way of Public Interest Litigation. It is pure and simple private interest litigation. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Home Secretary, Secretariat, Fort St.George, Chennai-600 009.

2.The Director General of Police, Tamil Nadu Police Head Quarters, Kamarajar Salai, Chennai-600 004.

3.The Commissioner of Police, Madurai City Police, South Chithirai Street, Madurai-625 001.

4.The Superintendent of Police, District Police Office, K.Pudur, Madurai-625 007.

5.Inspector of Police, K.Pudur Police Station, Madurai-7.

6.Inspector of Police, Anna Nagar Police Station, Madurai-7.

+1cc to Mr.C.M.Arumugan, Advocate SR.No.56360 +1cc to special Government Pleader SR.No.56419 sml sm:sk-skn:14/10/2016:3P/9C Order made in W.P.[MD].No.8792 of 2013 and M.P.(MD)No.1 of 2013 Dated: 26.09.2016