Madras High Court
Edward Kennedy vs The Home Secretary on 12 September, 2022
WP(MD)No.18275 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.18275 of 2014
and
M.P.(MD)Nos.1 & 2 of 2014
Edward Kennedy ... Petitioner
/Vs./
1.The Home Secretary,
Secretariat, Chennai.
2.The District Collector,
Kanyakumari District, Nagercoil.
3.The Inspector General Of Police,
South Zone, Madurai.
4.The Superintendent Of Police,
Kanyakumari District, Nagercoil.
5.The Revenue Divisional Officer,
Kanyakumari District, Nagercoil.
6.The Inspector of Police,
Rajakamangalam Police Station, Kanyakumari District.
7.Sudhakar,
Inspector of Police,
Rajakkamangalam Police Station,
Kanyakumari District. ... Respondents
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1/4
WP(MD)No.18275 of 2014
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the Respondents 1 to 5 to initiate
appropriate action against the 7th respondent for his act of inflicting mental
agony, false arrest, brutal assault, custodial torture and deprival of fundamental
rights inflicted on the petitioner at the 6th respondent police station on
02.11.2014.
For Petitioner : Mr.P.T.Ramesh Raja
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
(For R1 to R6)
: No appearance (For R7)
ORDER
This Writ Petition was filed seeking for taking action against the seventh
respondent on the ground that the seventh respondent acted illegally against the
petitioner in the police station and assaulted and tortured the petitioner, while in
custody.
2.Heard Mr.P.T.Ramesh Raja, learned counsel appearing for the petitioner
and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for
the respondents 1 to 6.
https://www.mhc.tn.gov.in/judis
WP(MD)No.18275 of 2014
3.When the matter was taken up for hearing, the learned Additional
Public Prosecutor appearing for the official respondents brought to the notice of
this Court the Judgment passed in STC.No.404 of 2014 by the learned Judicial
Magistrate No.I, Nagercoil, dated 06.09.2016.
4.It is seen from this Judgment that based on the FIR registered by the
sixth respondent in Crime No.404 of 2014, a final report was filed for the
offence under Section 75 of the Tamil Nadu City Police Act, 1888. After trial,
the learned Judicial Magistrate No.I, Nagercoil, found that the police failed to
prove the case against the petitioner beyond reasonable doubt and hence, benefit
of doubt was given in favour of the petitioner and the petitioner was acquitted in
the case.
5.In view of the above, no further orders can be passed in this writ
petition. Accordingly, the same is closed. No costs. Consequently, connected
Miscellaneous Petitions are closed.
12.09.2022
Internet :Yes/No
Index :Yes/No
sm
https://www.mhc.tn.gov.in/judis
WP(MD)No.18275 of 2014
N.ANAND VENKATESH, J.
sm
To:
1.The Home Secretary,
Secretariat, Chennai.
2.The District Collector,
Kanyakumari District, Nagercoil.
3.The Inspector General Of Police,
South Zone, Madurai.
4.The Superintendent Of Police,
Kanyakumari District, Nagercoil.
5.The Revenue Divisional Officer,
Kanyakumari District, Nagercoil.
6.The Inspector of Police,
Rajakamangalam Police Station, Kanyakumari District.
7.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
W.P.(MD)No.18275 of 2014
Dated:
12.09.2022
https://www.mhc.tn.gov.in/judis
