Dismissed

V.Devendran v. the State of Tamilnadu

Madras HC5 Nov 2014CRL OP/10139/2010

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Original Petition seeking compensation for alleged illegal arrest. The Court held that since a charge sheet was filed and a trial court had taken cognizance, the legality of the arrest was a matter for the trial court, precluding High Court intervention for compensation at this stage.

What did the court decide?

The Criminal Original Petition seeking compensation is dismissed.

V.Devendran Vs the State of Tamilnadu — Civil Procedure and Limitation | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 05.11.2014

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CORAM

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THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

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Crl.OP No.10139 of 2010

V.Devendran

.. Petitioner

1.The State of Tamil Nadu,

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rep. By its Secretary to Government, Home department, Fort St. George., Chennai – 600 009.

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2.The Director General of Police, Chennai – 600 004.

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3.The Deputy Inspector General of Police, Vellore District.

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4.The Inspector of Police, Bagayam Police Station, Vellore.

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5.The Sub Inspector of Police, Ariyur Police station, Vellore.

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6.K.Babu Nagaskhan .. Respondents

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Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 1 to 5 herein to pay a sum of Rs.10,00,000/- to the petitioner towards compensation for having tortured and injustice done to the petitioner's life and personal liberty and also tarnished the image and reputation of the petitioner and his school among the public by having registered F.I.R., in Crime No.98 of 2010 and arrested him illegally by the 5^th respondent herein.

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For Petitioner :Mr.R.G.Narendhiran For Respondents :Mr.M.Maharaja,

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Additional Public Prosecutor

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ORDER

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The petitioner is the accused in Crime No.98 of 2010 on the file of the fifth respondent herein. The said case was registered for offence under Sections 424, 427, 434 & 447 I.P.C. During the course of investigation, the petitioner was arrested on 08.02.2010 and later on, he was released on bail on 09.02.2010. Now, the https://hcservices.ecourts.gov.in/hcservices/ petitioner has come up with this petition that the registration of

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the said case and the arrest of the petitioner were illegal and violative of the fundamental rights and therefore, he is entitled for compensation to the tune of Rs.10 lakhs.

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2.I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and I have also perused the records carefully.

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3.Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor would submit that on completing investigation, charge sheet has been laid by the respondent police and upon which, the learned Judicial Magistrate No.1, Vellore has taken cognizance in C.C.No.110/2010. Now, the case is posted for hearing by the trial Court on 07.11.2014. When that be so, it is not permissible for this Court to express any opinion whether the registration of the said case is legal or not, and the arrest of the petitioner is illegal or not. These are all matters to be adjudicated upon by the learned Judicial Magistrate. In such view of the matter, the question of ordering payment of compensation to the petitioner does not arise at all. Therefore, the Criminal Original Petition is dismissed.

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Sd/Deputy Registrar. /true copy/ Sub Asst. Registrar. jbm To 1.The State of Tamil Nadu, rep. By its Secretary to Government, Home department, Fort St. George., Chennai – 600 009. 2.The Director General of Police, Chennai – 600 004. 3.The Deputy Inspector General of Police, Vellore District. 4.The Inspector of Police, Bagayam Police Station, Vellore.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The Sub Inspector of Police, Ariyur Police station, Vellore.

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6.The Public Prosecutor, High Court, Madras.

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Crl.OP No.10139 of 2010

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vsn[co] gp/20.11

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https://hcservices.ecourts.gov.in/hcservices/

V.Devendran v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

V.Devendran v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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