Petitioner sought writ directing police to initiate action and award compensation for alleged torture by officers during pendency of a civil suit. Court found no merit based on respondent's affidavit and dismissed the petition.
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W.P.No.4962 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N. MALA
W.P.No.4962 of 2016
Ibrahim
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate legal action against the officers viz., respondents 3 to 5 who are responsible for acting in excess of jurisdiction, law and powers being not vested with them and to consequently direct payment of damages and compensation as may be quantified by this Court.
For Petitioner : Mr.L. Chandrakumar For Respondents : Mrs.S.Anitha Spl. Government Pleader for R1 & R2 No appearance for R3 to R6
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W.P.No.4962 of 2016
O R D E R
This writ petition has been filed to direct the respondents 1 and 2 to initiate appropriate legal action against the officers viz., respondents 3 to 5 who are responsible for acting in excess of jurisdiction, law and powers being not vested with them and to consequently direct payment of damages and compensation as may be quantified by this Court.
Page 2 of 4
W.P.No.4962 of 2016
“7. As regard the averments in para no.7 of the affidavit, it is submitted that the respondents 3 to 5 have exercised their official duty and complied with procedure in dealing with the complains and grievances from the general public. They have acted as per the established rules, issued CSR, conducted enquiry, registered FIR based on the merit of the complaint and outcome of inquiry, produced the accused before the jurisdictional Judicial Magistrate. The concerned Judicial Magistrate has remanded the accused as per law. Hence, it cannot said to be that the respondents 3 to 5 surrendering to the extraneous consideration of 6th respondent”.
counter affidavit that due procedure has been followed, I find no merits in this writ petition. Accordingly, this writ petition stands dismissed. No costs.
07.08.2024
dpq Index : Yes /No Speaking Order : Yes/No
Page 3 of 4
W.P.No.4962 of 2016
N. MALA, J.
dpq
To
W.P.No.4962 of 2016
07.08.2024
https://www.mhc.tn.gov.in/judis Page 4 of 4
1 issue framed by the court
Whether the writ petitioners claim of torture by respondents 3-5 warrants mandamus directing legal action and compensation.
Ibrahim
The Director General of Police Mylapore
The Commissioner of Police, Coimbatore City
Murugesan
Kandasamy
Ramesh
N. MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
