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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.SUNDAR, N.SENTHILKUMAR
S.Anbarasan – Appellant
Versus
Hemalatha – Respondent
ORDER :
1. The Writ Petition has been filed by the petitioner challenging the order dated 23.03.2020 made in SHRC Case No.9024/2018 passed by the seventh respondent/State Human Rights Commission with a prayer to quash the same.
2. The case of the Writ Petitioner is that he had preferred a complaint on 12.06.2018 against one Pouliya [who is not a party to SHRC proceedings] and others for spraying chilli powder and snatching his two mobile phones and all his belongings. The complaint preferred by him in Pappanadu Police Station was cognizable in nature. However, neither a case was registered nor CSR was issued based on the complaint preferred by him.
(a) According to the petitioner, the fifth respondent/Head Constable of Pappanadu Police Station, is a relative of Ms.Pouliya and he seems to be a very influential person. He pressurized the Writ Petitioner to withdraw the complaint against the said Pouliya. The Writ Petitioner had made a complaint to the higher officials and Chief Minister's Special Cell. There was no response. The Writ Petitioner contends that though he had preferred a complaint on 12.06.2018, the Pappanadu Police have not chosen to register FIR immediately after he filed
A petition cannot proceed in parallel with existing judicial proceedings on the same matter; courts should refrain from intervening when adequate remedies exist.
The execution of a non-bailable warrant must be based on accurate identification to prevent wrongful detention, but actions taken in good faith under a valid warrant do not constitute an abuse of pow....
The court emphasized the distinction between civil disputes and criminal allegations, asserting that civil matters should not be criminalized without sufficient evidence.
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