Mother sought a mandamus directing an inquiry under Police Standing Order 152 on the plea that her son was mistakenly identified and convicted in an NDPS case. The court held mistaken identity was triable only in appeal and refused inquiry; also noting suppression of earlier proceedings, it dismissed the petition.
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.
W.P.No.11303 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.No.11303 of 2024
and
W.M.P.No.12393 of 2024
Briska
...Petitioner
vs.
1.The Secretary, Department of Home, Fort St. George, Chennai.
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6.The Superintendent of Prisons, Central Prison Puzhal – I,
Chennai – 66.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to hold an enquiry u/s 152 of Police Standing Orders to hold the enquiry by District Judge, Thoothukudi or Tirunelveli in order to ascertain the facts the detenue Alex Stevenson S/o. John Vijayan is illegal, Fisherman Colony, No.16 St.Peters Church Street, Thoothukudi and produce the detenue Alex Stevenson S/o. John Vijayan, now confined at Central Prison, Puzhal-I, Chennai – 66 before the enquiring District Judge, Thoothukudi or Tirunelveli.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH,J. )
Heard Mr.R.Sankarasubbu, learned counsel for the petitioner and
Mr.E.Raj Thilak, learned Additional Public Prosecutor, appearing for the respondents.
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Chidhambaram and implicated in the First Information Report at the inception itself. Even thereafter, these objections could have been raised pending the investigation or at the time of filing of the charge sheet. Above all, this alleged mistaken identity could have been taken as a defence before the trial Court also. Having failed to raise such objections during all these stages, the said Chidhambaram was also found guilty of having committed the offences under the NDPS Act by the Special Court in C.C.No.15 of 2020 on 01.02.2021. When the trial Court had passed a judgment identifying the petitioner's son as Chidhambaram, it would not be now open to the petitioner to seek for any action under the guise of mistaken identity. The only option that would be available to the accused would be to challenge the judgment of the trial Court by way of an appeal, which has also been done by him. Thus, when the Court of law has appreciated the evidences against the accused and had also convicted him, the plea of mistaken identity would not be available to him unless the said judgment is set aside on this ground.
provides for a inquiry by a commission in special cases, which would not include issues that are subject matter of an appeal pending before the
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concerned appellate Court. Thus, there are absolutely no legality or justification to seek for such a prayer in this writ petition.
in this matter. Originally, she had filed a Habeas Corpus Petition in H.C.P.No.801 of 2023, claiming that her son Alex Stevenson was in illegal custody of the Police personnel. When such a claim was made, she had suppressed the fact that her son was already convicted by the NDPS Court in C.C.No.15 of 2020 on 01.02.2021. Thereafter, she had withdrawn the said Habeas Corpus Petition on 19.01.2024. Suppressing this fact, she had once again filed another Writ Petition in W.P.No.1132 of 2024 before a learned single Judge of this Court, seeking for disposal of her representation, in which the same grievance was ventilated. In this Writ Petition also, she had suppressed not only her son's conviction by the NDPS Court, but also the withdrawal of H.C.P.No.801 of 2023, dated 19.01.2024. To worsen things, both the orders passed in H.C.P.No.801 of 2023 and W.P.No.1132 of 2024 have now been suppressed in the present Writ Petition.
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abused the due process of law and had indulged in so many illegalities. In normal circumstances, we would have awarded exemplary cost. However, the learned counsel for the petitioner sympathetically pleaded that the cost may be avoided. In consideration of the request made, we refrain from imposing cost in this matter.
No costs. Consequently, connected miscellaneous petition is closed.
(M.S.R.,J.) (S.M.,J.) 13.06.2024
Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk
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To
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M.S.RAMESH,J. AND SUNDER MOHAN,J.
hvk
W.P.No.11303 of 2024
13.06.2024
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1 issue framed by the court
Whether a writ of mandamus could be issued for an inquiry under Police Standing Order 152 into alleged mistaken identity when the conviction is under appeal.
3 provisions across 3 enactments
Briska
The Secretary, Department of Home, Fort St. George, Chennai
The District Collector, Thoothukudi District
The Commissioner of Police, Thoothukudi District
The Commissioner of Police, Chennai City
The Inspector of Police, J-9 Thoraipakkam Police Station
M.S.Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
