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2025 DAILYLAW 84241 (MAD)

MR.K.MAGESHWAR v. The State Rep. by the Deputy Commissioner of Police

WP Crl./525/2025 · 2025-08-07

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.Crl.No.525 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Crl.No.525 of 2025 and WPMP.Crl.No.253 of 2025 K.Mageshwar ... Petitioner Vs 1. The Deputy Commissioner of Police, Redhills District, Avadi Police Commissionerate, Chennai. 2. The Assistant Commissioner of Police, Ambattur Range, Ambattur, Chennai. 3. T.Balaji ... Respondents Prayer: Writ Petition Criminal filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the entire records of the impugned enquiry report dated 29.06.2025 of the second respondent and quash the same, consequently direct the first respondent /Deputy Commissioner of Police, Redhills District, Avadi Police Commissionerate, Chennai to change the enquiry officer for conducting a fair enquiry on the representation dated 19.05.2025 given by the petitioner. For Petitioner : Mr.M.Palanivel 1/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.525 of 2025 For R1 & R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) ORDER The prayer in the writ petition is to quash the enquiry report dated 29.06.2025 on the file of the second respondent and consequently to direct the first respondent/Deputy Commissioner of Police, Redhills District, Avadi Police Commissionerate, Chennai to change the enquiry officer for conducting a fair enquiry based on the petitioner's representation dated 19.05.2025. 2. It can be seen that the petitioner earlier filed W.P.(Crl.) No.90 of 2025 and by an order dated 04.07.2025, the respondents were directed to complete the enquiry on the petitioner’s representation. If the petitioner was aggrieved by the report filed by the respondent police, he was granted liberty to work out his remedy in the manner known to law. 3. The respondent police have since closed the complaint and the enquiry report is not in the petitioner’s favour. Therefore, it would be open for the petitioner to approach the competent Court by filing a private complaint and the prayer in the writ petition cannot be countenanced. 4. Accordingly, keeping open the liberty of the petitioner to approach 2/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.525 of 2025 the jurisdictional Court, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. 07.08.2025 Neutral Citation: Yes/No nsl To 1. The Deputy Commissioner of Police, Redhills District, Avadi Police Commissionerate, Chennai. 2. The Assistant Commissioner of Police, Ambattur Range, Ambattur, Chennai. 3/4 https://www.mhc.tn.gov.in/judis W.P.Crl.No.525 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.Crl.No.525 of 2025 07.08.2025 4/4 https://www.mhc.tn.gov.in/judis