S. Ramesh v. Inspector General of Police, Southern Region, Madurai
2015-03-18
V.M.VELUMANI
body2015
DigiLaw.ai
Judgment :- The petitioner has filed the present Writ Petition praying to direct the Respondents 1 and 2 to take appropriate departmental action against the Respondents 4 to 6 for misusing their official position based on the petitioner's complaint, dated 04.10.2010 2. According to the petitioner, he gave a complaint on 24.09.2010 at about 9.00 a.m., against one Joseph. The fifth respondent police informed the petitioner that he will register the case and the culprits will be arrested immediately. But the fifth respondent police registered the complaint at about 21 hours. According to the petitioner, on the instigation of the sixth respondent, who is the brother-in-law of Joseph, the fifth respondent delayed in registering the case on the complaint given by the petitioner. Therefore, he sent a representation on 04.10.2010 to the respondents 1 and 2 for taking departmental action against the respondents 4 to 6. The respondents 1 & 2 did not take any action on the representation. Therefore, the petitioner has filed the present writ petition. 3. The respondents 2 and 3 filed a counter affidavit denying all the averments made by the petitioner. In the counter affidavit, it is stated that the complaint given by the petitioner was registered on the same day by the fifth respondent in Cr.No.568 of 2010 for the offences under Sections 147, 148, 341, 323, 294(b), 379(NP) and 506(ii) of IPC. The case was investigated by one Tmt.Padmakumari, Sub Inspector of Police, Eraniel Police station and charge-sheet was filed in S.T.C.No.401 of 2011 before the Judicial Magistrate Court, Eraniel. 4. On 25.09.2010, an intimation was received from Annai Hospital, Karungal that one Joseph was admitted in the Hospital on an assault case on 24.09.2010 at 11.00 p.m. On receipt of intimation, the fifth respondent went to Annai Hospital and recorded the statement given by Joseph. Based on the statement given by Joseph, case was registered in Cr.No.569 of 2010 for the offences under Sections 294(b), 324, 323, 379(NP) and 506(ii) IPC. This case was also investigated by Tmt.Padmakumari, Sub Inspector of Police, Eraniel Police Station and the same is pending in S.T.C.No.475 of 2011 before the Judicial Magistrate Court, Eraniel and denied the averments made by the petitioner and prayed for dismissal of writ petition. 5. Heard Mr.Ananth C.Rajesh, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents 1 to 3. 6.
5. Heard Mr.Ananth C.Rajesh, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents 1 to 3. 6. From the affidavit filed by the petitioner, it is seen that the complaint given by the petitioner was registered on the same day and being investigated by Tmt.Padmakumari, Sub-Inspector of Police and charge sheet also filed. The case in S.T.C.No.401 of 2011 and S.T.C.No.475 of 2011 are pending trial before the learned Judicial Magistrate, Eraniel. In view of the above facts, the petitioner is not entitled for the relief sought for in the writ petition. Accordingly, the writ petition petition is dismissed. No costs. Consequently, connected M.P(MD)No.1 of 2010 is closed.