The High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking an enquiry into alleged torture by police. The Court held it cannot evaluate the materials available to the detaining authority under Tamil Nadu Act 14/82.
No relief; the prayer to hold an enquiry and directions to prevent detention were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH
Crl.O.P.No.5385 of 2018
Jothi ..Petitioner
Vs.
1.The Commissioner of Police
Chennai City,
Veppery,
Chennai 600 007.
2.The Inspector of Police,
Thirumullaivoil Police Station,
Chennai 600 062.
3.The Inspector of Police
Tank Factory Police Station,
Avadi, Chennai.
..Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C.,to HOLD an enquiry under Section 151 PSO Act about the torture inflicted on the petitioner's husband Ambigapathy and her son Thiyagarajan by exchanging the false FIRs in Crime No.54 of 2018 on the file of Inspector of Police, Thirumullaivoyal Police Station the second respondent herein and Crime No.39 of 2018 on the file of Inspector of Police Tank Factory Police station, the third respondent herein for the purpose of detaining the petitioner's husband Ambigapathy and her son Thiyagarajan under Tamil Nadu Act 14/82.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)
ORDER
The prayer in the present petition is to direct to HOLD an enquiry under Section 151 Police Standing Order Act about the torture inflicted on the petitioner's husband Ambigapathy and her son Thiyagarajan by exchanging the false FIRs in Crime No.54 of 2018 on the file of Inspector of Police, Thirumullaivoyal Police Station the second respondent herein and Crime No.39 of 2018 on the file of the Inspector of Police Tank Factory Police station, the third respondent herein for the purpose of detaining the petitioner's husband Ambigapathy and her son Thiyagarajan under Tamil Nadu Act 14/82.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
dna To
1.The Commissioner of Police
Chennai City,
Veppery,
Chennai 600 007.
2.The Inspector of Police,
Thirumullaivoil Police Station,
Chennai 600 062.
+1cc to Mr.R.Sankarasubbu, Advocate sr.no.19742
Crl.OP No.5385 of 2018
nr 03/04/2018
3 issues framed by the court
Whether the High Court can direct an enquiry under Section 151 PSO Act regarding alleged torture by police.
Whether the Court can step into the shoes of the detaining authority to ascertain detention order merits.
Whether the Criminal Original Petition seeking enquiry has merits.
3 provisions across 3 enactments
Jothi
The Commissioner of Police, Chennai City
The Inspector of Police, Thirumullaivoil Police Station
The Inspector of Police, Tank Factory Police Station
M.S. RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
