Petitioner alleged her husband died in police custody and that the accused Inspector, still posted nearby, could influence subordinate witnesses. The court did not order a transfer but directed the Director General of Police to consider her pending representation on merits and pass orders within four weeks.
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W.P.No.2546 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.2546 of 2024
Revathi
.. Petitioner
Versus
Chennai - 4.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 to 3 to transfer the 4th respondent to far away from the present posting place at
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Vadalur Police Station, Cuddalore District pursuant to the petitioner's representation, dated 18.02.2023 and 31.01.2024.
For Petitioner : Mr.R.Thirumoorthy
For Respondents : Mr.C.Jayaprakash, Government Advocate, for RR-1 to 3
: Mr.S.Ramesh, for R4
ORDER
This Writ Petition is filed seeking for a direction to the respondent Nos.1 to 3 to transfer the fourth respondent far away from the present posting place pursuant to the petitioner's representations, dated 18.02.2023 and 31.01.2024 respectively.
custody and was tortured resulting in his death while in custody. In respect of the same, a case was registered in Crime No.4 of 2015 and now, the same is pending trial in Spl.S.C.No.40 of 2021 on the file of the Special Court for Trial Cases under SC/ST (Prevention of Atrocities) Act, Cuddalore. Since the majority of the witnesses who are to be examined in the said case, were
all working in and around Cuddalore and since most of them were sub-
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ordinates to the fourth respondent who is arrayed as the first accused in the said case, the petitioner made a representation to shift the fourth respondent to a farther place so that he will not exert any influence on the witnesses, whereas, the fourth respondent is now continuing as the Inspector of Police in nearby Police Station in Vadalur.
the first respondent in the matter of transferring of the fourth respondent to a farther place from the place of occurrence, it is for the first respondent to consider the same on its own merits and pass orders thereon. Since the representation of the petitioner is pending from 31.01.2024, this Writ Petition is disposed of on the following terms :-
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(ii) There shall be no order as to costs.
04.06.2024
Neutral Citation : yes/no grs
To
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D.BHARATHA CHAKRAVARTHY, J.
grs
W.P.No.2546 of 2024
04.06.2024
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1 issue framed by the court
Whether the first respondent should be directed to consider the petitioner's representation for transferring the fourth respondent away from the place where witnesses in a pending criminal trial resid
1 provisions across 1 enactments
Revathi
The State rep by The Director General of Police
The Deputy Inspector General of Police (DIG), Villupuram Range
The Superintendent of Police, Cuddalore District
V.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
