Madras High Court
N.Rengaraju vs The State Represented By on 22 June, 2021
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012 and
W.P(MD)Nos. 1125, 2379 and 13529 of 2013
and
W.M.P(MD)Nos. 1 and 2 of 2012 and 1 of 2013
W.P(MD)No.11812 of 2012
1.N.Rengaraju
2.R.Chandra Mohan
3.Saraswathy : Petitioners
Vs.
The State represented by
The Sub Inspector of Police,
Central Crime Branch,
Trichy.
[Crime No.10 of 2012] : Respondent / complainant
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a writ of mandamus directing the respondents to pay fair and
reasonable amount of compensation on the basis of the judgment of the Hon'ble
Supreme Court of India in the case of writ petition (civil) No.406 of 2013
(otherwise known as Re-inhuman Conditions in 1382 Prisons) to the petitioner for
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
the custodial unnatural death of the petitioner's father by name Krishnan @
perumal, son of Shanmugam, aged 72 years (LCT No.2619) confined at
Palayamkottai Central Prison within the time stipulated by this Court.
For Petitioner : Mr.K.R.Raja
For Respondent : Mr.C.Nandagopal,
No.1 Central Government Standing Counsel
For Respondent : Mr.S.Ravi,
Nos.2 to 6 Standing Counsel
COMMMON ORDER
Crl.O.P(MD)No.11812 of 2012 is filed seeking anticipatory bail to
petitioners /accused Nos.1 to 3.
2.Crl.O.P(MD)No.13466 of 2012 is filed for a direction to the second
respondent to register the complaint dated 09.02.2012.
3.Crl.O.P(MD)No.13644 of 2012 is filed to quash the First Information
Report in Cr.No.10 of 2012 on the file of the first respondent.
4.W.P(MD)No.1125 of 2013 is filed by the petitioner, namely,
Chandramohan, seeking transfer of investigation in respect of his complaints dated
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Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
25.11.2011, 18.12.2011, 10.05.2012, 03.08.2012 and 23.12.2012, which are
pending on the file of the Assistant Commissioner of Police, Land Grabbing Cell,
Cantonment Police Station, Trichy.
5.W.P(MD)No.2379 of 2013 is filed seeking a mandamus directing the sixth
respondent to appoint a special investigation team to enquire into the petitioner's
complaint in Crime No.10 of 2012 pending before the Inspector of Police, CCB,
Trichy and the complaint dated 11.04.2012 given by Jeyakumar before Assistant
Commissioner of Police, Land Grabbing Cell, Trichy.
6.W.P(MD)No.13529 of 2013 is filed seeking a mandamus directing the
respondents 3, 4 and 5 to forward the petitioner's complaint dated 09.06.2013 and
10.07.2013 to the second respondent Director General of Police, Crime Branch,
CID to register a case on the petitioner's complaints dated 09.06.2013 and
10.07.2013.
7.Since all these petitions are related to one and the same issue, these
matters were ordered to be tagged together and listed before this Court.
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Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
8.When these matters were taken up for hearing on 15.06.2021, there was no
representation for the petitioners in Crl.O.P(MD)Nos.11812 and 13644 of 2012
and W.P(MD)No.1125 of 2013. However, the learned Standing Counsel appearing
for the State submitted that pending these matters, the investigation in
Crime No.10 of 2012 has already been concluded and final report has also been
filed before the learned Judicial Magistrate Court No.II on 30.07.2020, closing the
case as 'action dropped' by recording that the dispute among the parties has
amicably been settled. The learned Standing Counsel has also produced a copy of
the RCS Notice served upon the defacto complainant.
9.In view of the subsequent developments that the case in
Crime No.10 of 2012 has been closed as mistake of fact, the petitions in
Crl.O.P(MD)No.11812 of 2012 and 13644 of 2012 are dismissed as infructuous.
10.W.P(MD)No.2379 of 2013 is filed seeking a mandamus directing the
sixth respondent to appoint a special investigation team to enquire into the
petitioner's complaint in Crime No.10 of 2012 pending before the Inspector of
Police, CCB, Trichy and the complaint dated 11.04.2012 given by Jeyakumar
before Assistant Commissioner of Police, Land Grabbing Cell, Trichy. It is seen
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
that the case in Crime No.10 of 2012 has been closed as action dropped.
Therefore, no further order is required to be passed in this petition and
accordingly, this criminal original petition is dismissed.
11.W.P(MD)No.13529 of 2013 is filed for a direction to the respondents 3, 4
and 5 to forward the petitioner's complaint dated 09.06.2013 and 10.07.2013 to the
second respondent Director General of Police, Crime Branch, CID to register a
case on the petitioner's complaints dated 09.06.2013 and 10.07.2013. According to
the learned Standing Counsel no such complaints are filed and since the case in
Crime No.10 of 2012 has been closed as action dropped. Therefore, no further
order is required to be passed in this petition. Accordingly, this criminal original
petition is dismissed.
12.Crl.O.P(MD)No.13466 of 2012 is filed by the petitioner, Jeyakumar,
seeking a direction to register the petitioner's complaint dated 09.02.2012. There is
no representation for the petitioner in the past two hearings. Even today there is no
representation. Mr.Elephant G.Rajendran, learned Counsel for the petitioner in
W.P(MD)No.1125 of 2013 submits that this petition has been filed fraudulently.
However, this writ petition has been filed seeking for registration of a complaint
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
dated 09.02.2012 and there is no representation for the petitioner. It is seen that the
case in Crime No.10 of 2012 has been closed as action dropped. Therefore, no
further order is required to be passed in this petition and accordingly,
this criminal original petition is dismissed.
13.W.P(MD)No.1125 of 2013 is filed by one Chandramohan, seeking
transfer of investigation in respect of his complaints dated 25.11.2011, 18.12.2011,
10.05.2012, 03.08.2012 and 23.12.2012, pending on the file of the Assistant
Commissioner of Police, Land Grabbing Cell, Cantonment Police Station, Trichy.
The learned Standing Counsel appearing for the State submitted that the question
of transfer of investigation would arise only when a case is registered by the
Police and there is no possibility for the police to conduct an investigation without
registering a case. Therefore, the petitioner is not entitled for any relief.
14.As pointed out by the learned Standing Counsel, when no case is
registered based on the complaints of the petitioner, the question of transfer of
investigation does not arise. However, the petitioner is having alternative remedy
under Section 156(3) CrPC. Therefore, the writ petition in W.P(MD)No.1125 of
2013 is dismissed with a liberty to the petitioner to approach the Court concerned
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Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
under Section 156(3) CrPC within a period of one month from the date of receipt
of a copy of this order and on such application is filed, the learned Judicial
Magistrate concerned shall consider the same and it is always open to the learned
Judicial Magistrate to refer the matter for investigation, if the petition discloses
any cognizable offence and if the petitioner makes out any case for investigation.
No costs. Consequently, connected miscellaneous petitions are also dismissed.
22.06.2021
Index : Yes / No
Internet : Yes / No
dsk
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 Sub Inspector of Police,
Central Crime Branch,
Trichy.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012, etc batch
B.PUGALENDHI, J.
dsk
Crl.O.P(MD)Nos.11812, 13466 and 13644 of 2012
and
W.P(MD)Nos. 1125, 2379 and 13529 of 2013
22.06.2021
https://www.mhc.tn.gov.in/judis/
