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2025 Supreme(Online)(Mad) 72455

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
K.VIJAYA KUMAR – Appellant
Versus
THE DIRECTOR GENERAL OF POLICE – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 3 3574 of 2025 K.Vijaya Kumar ... Petitioner Vs.

1.THE DIRECTOR GENERAL OF POLICE, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004

2.THE DEPUTY INSPECTOR GENERAL OF POLICE, COIMBATORE RANGE, COIMBATORE DISTRICT.

3.THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, TIRUPPUR ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st Respondent vide Rc.No.NGB I (2) /E/GDP 01/2025 dated 04.07.2025 rejecting promotion of the petitioner to the post of Inspector of Police and quashing the same as null and void and consequently direct the respondents to promote the petitioner temporarily as Inspector of Police (Taluk) by including his name in the ‘C’ list of SI’s fit for promotion as Inspector of Police for the Panel Year 2024-2025 with all attendant benefits without taking into account the pendency of the criminal prosecution in C.C. No.91/2016 on the file of the Learned CJM, Coimbatore within time frame For Petitioner : Mr.K.Ravi Anantha Padmanabhan, Senior Counsel for Mr.S.Dayanand For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 04.07.2025 thereby rejecting the request made by the petitioner seeking promotion to the post of Inspector of Police temporarily while pending criminal case.

2. The case of the petitioner is that he while working as Sub Inspector of Police in Kaniyur Police Station, Tiruppur District, one, Chandra was arrested in crime No.547 of 2014 for the offence punishable under Section 302 of IPC on the file of the Udumalpet Police Station, Tiruppur District. In the said case, the Inspector of Police, Udumalpet was the investigation officer. While being so, under the Head of Deputy Superintendent of Police who is having jurisdiction of seven police stations including Udumalpet Police Station and Kaniyur Police Station where the petitioner was working as Sub Inspector of Police, sub division meeting was conducted on 13.08.2014. The petitioner went for the meeting at Udumalpet. At that juncture, the call detail records in respect of crime No.547 of 2014 on the file of the Inspector of Police, Udumalpet Police Station was handed over to the petitioner to verify the call detail records since the petitioner is specialist in that field. The petitioner verified and found that all the call details related to one, Chandra. Accordingly, the said Chandra was arrested and remanded to judicial custody on 14.08.2014. Thereafter, the said Chandra met her daughter at Central Prison, Coimbatore on 24.08.2024. Thereafter, she lodged complaint before the learned Judicial Magistrate-I, Udumalpet alleging that she was tortured by the police personnel of Udumalpet Police Station. However, the said complaint was initially returned by holding that no prima facie case was made out. Thereafter, her daughter approached this Court and obtained order of further investigation by CBI. CBI enquired about the custodial torture and filed charge sheet against eight persons in which the petitioner is one of the accused (A1) for the offence punishable under Sections 342 & 348 of IPC. It also culminated into trial in CC.No.91 of 2016 on the file of the Chief Judicial Magistrate, Coimbatore. While being so, though the petitioner was included in the panel for promotion to the post of Inspector of Police, the petitioner was not promoted to the post of Inspector of Police on account of pendency of the criminal case. Therefore, the petitioner submitted representation to promote the petitioner to the post of Inspector of Police temporarily subject to the result of the criminal case. During the test identification parade, the accused Chandra did not even identify the petitioner as that he also had tortured

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