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2023 Supreme(Online)(MAD) 32716
MADRAS HIGH COURT
Honourable Dr Justice ANITA SUMANTH
2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 04.01.2023 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.23647
.23647
A mandamus will not be granted if the petitioner has been given an opportunity to protest the closure of his complaint and has filed objections.
Headnote:
HUMAN RIGHTS - POLICE INACTION - MANDAMUS - [The petitioner sought a mandamus directing the respondents to initiate appropriate legal action against the individuals who allegedly violated his wife and attacked him, despite his complaints to the police.]
Fact of the Case:
The petitioner, a barber, alleged that his neighbor misbehaved with his wife in 2005 and attacked him in 2013. He filed complaints with the police, but no action was taken. He also approached the Human Rights Commission, which closed the complaint after an enquiry, finding that the incidents arose from a mistake of fact.
Finding of the Court:
The court found that the petitioner had been given an opportunity to protest the closure of his complaint by the Judicial Magistrate, and that he had filed objections. The court also noted that the Judicial Magistrate had closed the complaint after hearing both parties and granting liberty to the petitioner to file an appropriate complaint if he wished.
Issues: Whether the petitioner was entitled to a mandamus directing the respondents to initiate legal action against the individuals who allegedly violated his wife and attacked him, despite his complaints to the police.
Ratio Decidendi: The court held that the petitioner was not entitled to a mandamus because he had been given an opportunity to protest the closure of his complaint by the Judicial Magistrate, and that he had filed objections. The court also noted that the Judicial Magistrate had closed the complaint after hearing both parties and granting liberty to the petitioner to file an appropriate complaint if he wished.
Final Decision: The court dismissed the writ petition.
W.P.No.23647 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.01.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.23647 of 2015
and M.P.No.1 of 2015
K.Ragupathi
... Petitioner
Vs
1. The State of Tamilnadu
rep. by the Secretary to Government,
Home Department, Secretariat,
Fort St. George, Chennai – 600 009.
2. The Director General of Police,
State of Tamilnadu,
Santhome High Road,
Mylapore, Chennai – 600 005.
3. The State Human Right Commission,
State of Tamil Nadu,
Rajaannamalaipuram,
Chennai – 600 021.
4. The Superintendent of Police,
Villupuram District, Villuppuram.
5. Mr.J.Sankar
6. Mr.Palanivel
7. Mr.Durai
... Respondents
https://www.mhc.tn.gov.in/judis
W.P.No.23647 of 2015
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing 1, 2 and 4th respondents herein
to initiate appropriate legal action against the 5th to 7th respondents for their
deliberate violation of human rights based on the complaint made by the
petitioner on 13.02.2014 in accordance with law.
For Petitioner
: Mr.J.Selvarajan
For Respondents
: Mr.Veda Bagath Singh
Special Government Pleader – R1, 2 and R4
O R D E R
The petitioner claims to be a barber and a permanent resident of
Villupuram. He alleges that on 11.09.2005 his neighbour in the locality had
misbehaved with his wife and he was informed of the same upon his return to
his house. He launched a criminal complaint against the individual, pursuant to
which the Sub-Inspector of Police had interrogated the complaint and warned
the individual to desist from such activities.
2. According to him, the said individual did not stop his behaviour and
continued with the same leading to deterioration in his wife's health. He also
alleges that on 18.08.2013, he was attacked by the individual constraining him
to lodge a criminal complaint against the individual and his sons before R6 and
R7, who are Sub-Inspector of Police and Head Constable of Villupuram West
Police Station respectively.
https://www.mhc.tn.gov.in/judis
W.P.No.23647 of 2015
3. He would allege that no action has been taken by them in respect of the
complaint and thus seeks a mandamus directing R1, R2 and R4 to initiate
appropriate legal action against R5 to R7, who are officials in their personal
capacity, for deliberate violation of human rights based on his complaint dated
13.02.2014.
4. The petitioner had also approached the Human Rights Commission
and an enquiry was directed to be conducted by the Commission. Upon receipt
of the enquiry report, the complaint has come to be closed by the Commission
on 08.12.2014 and the basis of the closure is set out in paragraphs 3 to 5,
extracted below:
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https://www.mhc.tn.gov.in/judis
W.P.No.23647 of 2015
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mof;fo gpur;rid ,Ue;J te;Js;sjhft[k;. mJ nghy
fle;j 18/08/2013 md;W mth;fSf;Fs; Vw;gl;l gpur;ridapy;
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