Madras High Court
Arumugam vs The Superintendent Of Police on 6 July, 2022
WP(MD)No.18321 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.18321 of 2014
Arumugam : Petitioner
Vs.
1.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Sivagangai Sub Division,
Sivagangai.
3.The Inspector of Police,
SIPCOT Police Station,
Manamadurai,
Sivagangai District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India seeking issuance of Writ of Mandamus
directing the respondents 1 to 3 to delete the petitioner's
name from the KD Register in No.1/2013 at SIPCOT Police
Station and consequently, to pay to the petitioner
compensation of a sum of Rs.3,00,000/- (Rupees Three Lakh
only).
1/8
https://www.mhc.tn.gov.in/judis
WP(MD)No.18321 of 2014
For Petitioner : Mr.Mahaboob Athiff
Legal Aid Counsel
For Respondents : Mr.T.Senthilkumar,
Additional Public Prosecutor
*****
ORDER
The petitioner has filed this writ petition seeking a
direction to the respondents to delete his name from the KD
register in No.1 of 2013 at SIPCOT Police Station. He also
sought for a direction to pay him a sum of Rs.3,00,000/- as
compensation for the harassment faced by him at the hands
of the respondents.
2.According to the petitioner, he is running a mechanic
shop and on 02.08.2010, at around 10.00 pm, one
Mr.S.Muthuramalingam, then Sub-Inspector of Police asked
him to repair his punctured motorcycle. Since it was night
hours and the petitioner has already closed the shop, he
expressed his inability. Irritated over the same, the said
Muthuramalingam, on 24.08.2010 around 12.30 noon, when the
petitioner was riding in his bike, stopped him, took the
key and asked him to come and collect the key at the
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WP(MD)No.18321 of 2014
station. On the next day, when the petitioner went to the
police station for collecting the key, the police officials
harassed him and assaulted without any reason. They also
held him in the lock-up without any reason. On the same
day, in the night hours, they left him after getting
signatures in some white papers.
3.Thereafter, the petitioner took treatment at
Government Hospital, Manamadurai; Government Hospital,
Sivagangai; and Meenakshi Mission Hospital and Research
Centre, Madurai from 26.08.2010 to 30.08.2010. He also made
several representations as against the concerned police
officials, however, no action was contemplated. Therefore,
he has lodged a private complaint before the learned
Judicial Magistrate, Manamadurai, in Cr.M.P.No.8481 of
2010, dated 26.11.2010. The said case is pending trial and
on knowing about the complaint, the police officials tried
to influence him to withdraw the complaint. Since the
petitioner resisted, they foisted false cases as against
him and also opened a history sheet, as if he is a rowdy
element. Hence, this writ petition.
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WP(MD)No.18321 of 2014
4.Learned Counsel for the petitioner, during the course
of hearing, withdrew his appearance and despite the same,
the petitioner neither appeared in person nor represented
by anyone. Therefore, this Court by order dated 05.07.2021
appointed Mr.M.Mahaboob Athiff, learned Counsel as Legal
Aid Counsel to represent the petitioner.
5.Learned Legal Aid Counsel appearing for the
petitioner submitted that for having filed the private
complaint, the petitioner has been roped-in as an accused
in Cr.No.183 of 2012 for the offence under Sections 147,
148, 294(b), 324, 307 IPC and in Cr.No.52 of 2013 for the
offence under Sections 147, 148, 294(b), 342, 327, 324,
427, 506(ii) IPC, on the files of the SIPCOT Police
Station. However, in both the cases, the petitioner has
been acquitted and even then, the history sheet opened as
against the petitioner in the year 2013 was not reviewed by
the respondents.
6.Learned Additional Public Prosecutor appearing for
the respondents, by relying upon the counter affidavit,
denied the allegations levelled by the petitioner and
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WP(MD)No.18321 of 2014
submitted that the petitioner has involved in four cases as
follows:-
a) Manamadurai Police Station Cr.No.348 of 2010, u/s 75
of Madras City Police Act;
b) Manamadurai Police Station Cr.No.183 of 2012, u/s
147, 148, 294(b), 324, 307 IPC;
c) SIPCOT Police Station Cr.No.52 of 2013, u/s 147,
148, 294(b), 342, 323, 324, 427, 506(ii) IPC; and
d) SIPCOT Police Station Cr.No.150 of 2013, u/s 107
Cr.P.C.
In view of the antecedents of the petitioner, history sheet
was opened as against him. However, the same was closed on
22.07.2021, by proceedings of the Deputy Superintendent of
Police, Manamadurai, dated 22.07.2021.
7.He further submitted that insofar as the private
complaint in Cr.M.P.No.8481 of 2010 is concerned, the same
was taken on file in PRC.No.5 of 2013 by the learned
Additional District Munsif cum Judicial Magistrate,
Manamadurai and since the case includes the offence under
the SC / ST Act, it was tried by the learned Sessions
Judge, Special Court for Exclusive Trial of Cases under
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WP(MD)No.18321 of 2014
SC / ST (POA) Act, 1989, Sivagangai, in Spl.SC.No.1 of
2017. The learned Judge, after full fledged trial, by
judgment dated 28.12.2020, acquitted the accused therein
from the charges levelled.
8.Heard the learned Counsel appearing for the
respective parties and perused the available materials.
9.The relief sought for by the petitioner in this writ
petition is of two folds. One is for a direction to close
the history sheet and the another is for compensation of a
sum of Rs.3,00,000/- for the harassment faced at the hands
of the respondent police. According to the learned
Additional Public Prosecutor, the history sheet has already
been closed and therefore, nothing survives. Insofar as the
compensation for harassment is concerned, it appears that
the private complaint lodged by the petitioner in
Cr.M.P.No.8481 of 2010, ended in acquittal, vide judgment
dated 28.12.2020, in Spl.SC.No.1 of 2017. Under such
circumstances, this Court is not inclined to order for any
compensation, however, liberty is granted to the petitioner
to challenge the judgment of acquittal dated 28.12.2020 in
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WP(MD)No.18321 of 2014
the manner known to law and depending upon its outcome, it
is always open to the petitioner to claim for compensation,
in accordance with law.
10.This Court places its appreciation to Mr.Mahaboob
Athiff, learned Legal Aid Counsel for his assistance and
the Legal Aid Authority is directed to pay a sum of
Rs.10,000/- (Rupees Ten Thousand only) as remuneration to
the learned Legal Aid Counsel.
In the result, this writ petition stands disposed of.
No costs.
Index : Yes / No 06.07.2022
Internet : Yes
gk
To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Sivagangai Sub Division,
Sivagangai.
https://www.mhc.tn.gov.in/judis
WP(MD)No.18321 of 2014
B.PUGALENDHI, J.
gk
3.The Inspector of Police,
SIPCOT Police Station,
Manamadurai,
Sivagangai District.
W.P.(MD)No.18321 of 2014
06.07.2022
https://www.mhc.tn.gov.in/judis
