Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 95665 (MAD)

M.RAJASEKARAN v. THE REGISTRAR,

WP/37366/2024 · 2025-02-21

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:MHC:521 W.P.No.37366 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.02.2025 CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.37366 of 2024 M.Rajasekaran .. Petitioner v. 1. The Registrar Office of State Human Rights Commission No.143, P.S.Kumarasamy Raja Salai Greenways Road, Chennai 600 028 2. Thiru.P.Ramakrishnan 3. Thiru.Sakthi Ganesan .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of impugned order of the Commission in SHRC Case No.6932/22/44 of 2022 dated 16.09.2024 issued by 1st respondent and quash the same and consequently issue direction to the first respondent to conduct the fresh enquiry on the complaint dated 28.08.2021. ____________ https://www.mhc.tn.gov.in/judis W.P.No.37366 of 2024 For Petitioner :: Mr.T.Dasarathan For Respondents :: Mr.D.David Sundar Singh for R1 Mr.M.Babu Muthu Meeran Additional Public Prosecutor for R2 & R3 ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The complaint filed by the petitioner before the State Human Rights Commission is about the improper investigation conducted by the police in a criminal case. Earlier the complainant filed a complaint against the police and that was numbered by the Commission in SHRC No.5205 of 2019 and after a detailed enquiry, it was dismissed on 15.06.2022. Thereafter, a further complaint was filed. The second complaint was registered as SHRC No.6932 of 2022. The Commission had forwarded the complaint to the Inspector General of Police, West Zone, Coimbatore with a direction to conduct an enquiry and send a report to the Commission and the Inspector General of Police appointed the Deputy Inspector General of Police, Salem as an enquiry officer to conduct enquiry and submit a report. Accordingly, the report was submitted by the Deputy Inspector General of Police. The ____________ https://www.mhc.tn.gov.in/judis W.P.No.37366 of 2024 said report was elaborately considered by the Commission and the Commission found that the respondents had acted in accordance with law and not violated the human rights of the complainant. Since the Commission did not find any merit in the case of the writ petitioner, it was closed. The said order is under challenge in the present writ proceedings. 2. The petitioner is already facing 14 criminal cases and the details of the criminal cases registered against him are as under:- S. No. Police Station Cr.No. & Sec.of Law D.O & D.R Arrested / Not arrested 1 Velur Cr.No.108/2019 u/s 419, 420, 294(b), 506(i) IPC 06.03.2019 & 09.03.2019 Formal arrest made Bail granted 2 Paramathi Cr.No.45/2019 u/s 420 IPC & 45 Advocate Act 17.03.2019 & 17.03.2019 Arrested Bail granted 3 Velur AWPS Cr.No.02/2019 u/s 294(b), 341, 364, 506(ii), 354A IPC and 4 of TNWH Act 04.03.2019 & 10.03.2019 Formal Arrest made Bail granted 4 Velur AWPS Cr.No.07/2019 u/s 294(b), 323, 376, 506(ii) IPC (M.F) 22.10.2019 & 22.10.2019 Not arrested (M.F) 5 Velur Cr.No.1227/2020 u/s 294(b), 323, 506(i) IPC 25.08.2020 & 25.08.2020 Arrested Bail granted 6 Velur Cr.No.1262/2020 u/s 294(b), 323, 427, 506(ii) IPC 03.09.2020 & Arrested Bail granted ____________ https://www.mhc.tn.gov.in/judis W.P.No.37366 of 2024 S. No. Police Station Cr.No. & Sec.of Law D.O & D.R Arrested / Not arrested 05.09.2020 7 Nallur Cr.No.628/2020 u/s 294(b), 323, 419, 427,392 r/w 397 IPC 04.09.2020 & 04.09.2020 Arrested Obtained Bail 164 CrPC statement recorded 8 Velur Cr.No.1306/2020 u/s 294(b), 417, 419, 420 and 506(ii) IPC 16.06.2020 & 19.09.2020 Arrested Obtained Bail. 164 CrPC statement recorded 9 Velur Cr.No.1307/2020 u/s 294(b), 419, 506(i) IPC r/w 4 of TNWH Act 16.06.2020 & 19.09.2020 Arrested Obtained Bail. 164 CrPC statement recorded 10 Nallur Cr.No.638/2020 u/s 417, 419, 420, 506(i) IPC 02.09.2020 & 19.09.2020 Arrested Obtained Bail. 164 CrPC statement recorded 11 V.G.Patty Cr.No.711/2020 u/s 417, 419, 420, 506(i) IPC 04.09.2020 & 18.09.2020 Arrested Obtained Bail. 164 CrPC statement recorded 12 Puduchatram Cr.No.513/2020 u/s 120(b), 294(b), 419, 420, 506(i) IPC 27.08.2020 & 20.09.2020 Arrested Obtained Bail. 164 CrPC statement recorded 13 Rasipuram Cr.No.1533/2020 u/s 353, 309 IPC 10.09.2020 & 11.09.2020 Not arrested 14 Namakkal Cr.No.1317/2020 u/s 406, 419, 17.08.2020 Formal arrest ____________ https://www.mhc.tn.gov.in/judis W.P.No.37366 of 2024 S. No. Police Station Cr.No. & Sec.of Law D.O & D.R Arrested / Not arrested 420, 294(b), 506(i) IPC r/w 4 of Women Harassment Act & 26.09.2020 made Bail not granted 3. In the present case, the allegation is about improper investigation by the police in a criminal case and therefore there is no impediment for the Commission to refer the matter to the higher police authorities to conduct enquiry. The report of the Deputy Inspector General of Police, Salem was considered by the Commission and it was found satisfactory. That being so, there is no other reason to interfere with the order impugned passed by the Commission. Therefore, the writ petition stands dismissed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes 21.02.2025 ss To 1. The Registrar Tamil Nadu State Human Rights Commission 143, P.S.Kumarasamy Raja Salai Greenways Road, Chennai 600 028 ____________ https://www.mhc.tn.gov.in/judis W.P.No.37366 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. ss W.P.No.37366 of 2024 21.02.2025 ____________ https://www.mhc.tn.gov.in/judis