Madras High Court
K.Panneerselvam vs The Home Secretary on 28 January, 2022
W.P(MD)No.SR.No.4169 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P(MD)No.SR.No.4169 of 2021
K.Panneerselvam ... Petitioner
Vs.
1.The Home Secretary,
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai-600 009.
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
3.Smt.S.Nirmala,
Inspector of Police (Law and Order),
Now working in Peraiyur Police Station,
Usilampatti Road,
Peraiyur,
Madurai District.
Pin:625 703. ... Respondents
PRAYER: The Writ Petition filed under Article 226 of Constitution of India
praying to issue a writ of Mandamus, directing the first respondent to
initiate appropriate departmental action as against the third respondent for
1/5
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W.P(MD)No.SR.No.4169 of 2021
violating the guidelines issued by the Hon'ble Apex Court as contained
paragraph No.11.7 in the case Reported in (2014) 8 SCC 273 and
consequently to initiate appropriate departmental action as held in the
above Judgment in paragraph No.11.8 as against the then Judicial
Magistrate, Melur who had mechanically remanded the petitioner and his
son on 31.10.2018 in Crime No.21/2018 dated 08.10.2018, on the file of
Judicial Magistrate Court, Melur, Madurai District.
For Petitioner : Mr.M.Kumar
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN,J.]
The petitioner herein, who is an accused in a case registered against
him and his son for an offence under Section 498 (A) of IPC, is before this
Court filing a writ petition seeking Mandamus to take action against the
police officials, who are investigating the case and in the course of
investigation, arrested them and remanded to judicial custody.
2. Since the relief sought to take departmental action against the
police officials for discharging their duty, the Registry has posted the
matter for maintainability.
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W.P(MD)No.SR.No.4169 of 2021
3. The learned counsel appearing for the petitioner would submit that
the police while investigating the Dowry Harassment case has not followed
the principles laid down by the Hon'ble Supreme Court in Arnesh Kumar
vs. State of Bihar and another reported in (2014) 8 Supreme Court
Cases 273. Hence, departmental action should be taken against the police
officials.
4. The learned Additional Public Prosecutor appearing for the
respondents would submit that pursuant to the complaint given by one
Hamsini, the case was registered against three persons in Cr.No.21 of 2018
and in the course of investigation found that the prima facie case made out
against the accused Nos.1 & 2 and hence, they were arrested and
remanded to judicial custody.
5. It is also stated that after obtaining the bail, the first accused, who
is the husband of the defacto complainant, has left the Country without any
intimation. On completion of investigation, final report has been filed
against the petitioner, his son and wife in C.C.No.114 of 2020 and the same
is pending on the file of the learned Judicial Magistrate, Melur and the
summons to the first accused is awaited.
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W.P(MD)No.SR.No.4169 of 2021
6. Considering the above facts, this Court finds that there is no
material to take any departmental action against the respondent police,
who has discharged their duty in the course of investigation. Hence, this
petition is rejected as not maintainable.
[S.V.N.,J.] [G.J.,J.]
28.01.2022
Index : Yes / No
Internet : Yes / No
am
To
1.The Home Secretary,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai-600 009.
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
3.Smt.S.Nirmala,
Inspector of Police (Law and Order),
Now working in Peraiyur Police Station,
Usilampatti Road, Peraiyur,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.SR.No.4169 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
am
W.P(MD)No.SR.No.4169 of 2021
28.01.2022
https://www.mhc.tn.gov.in/judis
