R.Arun Kumar vs State
2021 Latest Caselaw 22152 Mad

                                                                               W.P.No.6262 of 2012

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 10.11.2021

                                                     CORAM:

                          THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

                                              W.P.No.6262 of 2012
                                           and W.M.P.No.2575 of 2020

                   R.Arun Kumar                                          .. Petitioner

                                                        Vs.
                   1. State, represented by
                      Secretary (Home),
                      Fort St. George, Chennai - 600 009.

                   2. Gowtham
                   3. Dhanraj
                   4. Vijayanand
                   5. Venkatesan
                   6. S.Ravikumar
                   7. Velusamy

                   8. Sub-Inspector of Police,
                      Cyber Crime Cell,
                      Central Crime Branch,
                      Egmore, Chennai - 600008.

                   9. The Inspector of Police,
                      CCB, Tiruppur.                                     .. Respondents



                   Prayer: Writ Petition filed under Article 226 of the Constitution of India
                   seeking a Writ of Certiorarified Mandamus to uphold the human rights of the

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                                                                                 W.P.No.6262 of 2012

                   petitioner by calling for the records in FIR No.29 of 2011, dated 29.08.2011,
                   on the file of the Central Crime Branch, Tiruppur, the 9th respondent herein
                   and quashing the same and consequently order prosecution of the
                   respondents 1 to 7; award compensation of Rs.1 crore to the petitioner, direct
                   the 8th respondent to register a FIR on the complaint dated 22.09.2011 by
                   the petitioner.
                                For Petitioner            :    Mr.G.Thangavel

                                For Respondents 1,8&9 :        Mr.S.Arumugam
                                                               G.A.

                                For Respondent 6          :    Mr.N.Manokaran

                                For Respondents 2, 4 & 5:      M/s.Senthil Swamy Associates

                                For Respondent 3           :   Mr.S.Vinoth Kumar
                                                         -----
                                                    ORDER

(The case has been heard through video conference)

The writ petition has been filed for quashing the FIR No.29 of 2011,

dated 29.08.2011, on the file of the Central Crime Branch, Tiruppur and to

pay compensation of Rs.1 crore to the petitioner for initiating false criminal

proceedings against the petitioner.

2. Mr.G.Thangavel, learned counsel appearing for the petitioner

would submit that admittedly now in the above said criminal case, final http://www.judis.nic.in

W.P.No.6262 of 2012

report has been filed, thereafter criminal trial was conducted in C.C.No.654

of 2017 on the file of the learned Judicial Magistrate No.III, Tiruppur and by

judgment dated 30.11.2018, the petitioner was acquitted by the trial Court.

The learned counsel would further contend that clearly a false case has been

initiated against the petitioner and it is a malicious prosecution and therefore

he is entitled for compensation.

3. If the petitioner considers it as a malicious prosecution, the remedy

to the petitioner lies elsewhere and not under Article 226 of the Constitution

of India. Hence, this writ petition is disposed of with liberty given to the

petitioner to initiate appropriate proceedings, if he is so adviced.

Consequently the connected miscellaneous petition is closed. No costs.

10.11.2021 kk

To

1. The Secretary to Government Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. Sub-Inspector of Police, Cyber Crime Cell, Central Crime Branch, Egmore, Chennai - 600008.

3. The Inspector of Police, CCB, Tiruppur.

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W.P.No.6262 of 2012

V.BHARATHIDASAN, J.

kk

W.P.No.6262 of 2012 and W.M.P.No.2575 of 2020

10.11.2021

http://www.judis.nic.in