G.Suresh Vs Tamil Nadu State Human Rights Commission

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W.P. No. 21644 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-06-2026

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CORAM

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THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE N. MALA

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W.P.No.21644 of 2026

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G.Suresh, S/o. Gopal, No.29/40, Venkatampettai Road, Kachirayapalayam, Chinnasalem Taluk, Kallakurichi District -606 207.

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… Petitioner

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Vs.

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Tamil Nadu State Human Rights Commission, Represented by its Registrar, No.143, P.S. Kumarasamy Raja Salai, Greenways Road, Chennai-600 028.

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2.The Superintendent of Police, Kallakurichi District.

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3.D. Narasimmajothi,

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The Then Sub Inspector of Police, Kachirayapalayam Police Station Chinnasalem Taluk, Kallakurichi District.

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Balasubramaniam, The Then Special Sub Inspector of Police, Kachirayapalayam Police Station, Chinnasalem Taluk, Kallakurichi District.

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Page Nos.1/5

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https://www.mhc.tn.gov.in/judis

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W.P. No. 21644 of 2026

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5.Sathish

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The then Police Constable Kachirayapalayam Police Station, Chinnasalem Taluk, Kallakurichi District.

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6.Krishnan, The Then Police Constable, Kachirayapalayam Police Station Chinnasalem Taluk, Kallakurichi District.

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… Respondents

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Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus calling for the records pertaining to the order in SHRC Case No.12195/22/59/2021 dated 23.12.2025, passed by the first respondent and quash the same and consequently allow the Human Rights Complaint filed by the Petitioner before the 1^st respondent and grant Compensation to the petitioner.

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For Petitioner: Mr.K.Magesh For Respondents: Mr.B.Sivakollapan, Govt. Advocate, for R1

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ORDER

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(Order of the Court was made by G.Jayachandran J.)

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The writ petition is filed challenging the order passed by the Tamil Nadu

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State Human Rights Commission, Chennai, dismissing the complaint alleging human rights violations by the respondent police while securing the petitioner herein for investigation on the criminal complaint.

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Page Nos.2/5

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https://www.mhc.tn.gov.in/judis

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W.P. No. 21644 of 2026

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2. The Learned Counsel for the petitioner submits that the Human Rights Commission, while considering the complaint, had not appreciated the evidence adduced by the writ petitioner properly and without application of mind, dismissed the complaint stating that no human rights violation at the time of arrest was proved.

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3. This Court, on perusing the records, finds that the criminal prosecution against the petitioner, consequent to the registration of FIR in Crime No.504 of 2021 for the offence under Sections 294(b), 323, 324, 506(i) of I.P.C altered to Section 147, 148, 294(b), 323, 324 and 506(i) of I.P.C., is still pending.

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4. Meanwhile, the petitioner has approached the Human Rights Commission alleging Human Rights violation at the time of arrest. The contention of the petitioner was negatived by the Human Rights Commission after examining the witnesses on the side of the complainant. One of the grounds raised in the writ petition is that the Commission had not examined any of the respondents. We find no merit in said submission. That apart, a parallel enquiry regarding illegal arrest, when a criminal trial of grave offence is pending, will prejudice the parties concerned.

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Page Nos.3/5

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https://www.mhc.tn.gov.in/judis

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W.P. No. 21644 of 2026

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5.

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5. Therefore, this Writ Petition is dismissed. However, it is open to the

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petitioner herein, after completion of the criminal trial, if any positive finding is made by the criminal court regarding alleged illegal arrest, to seek redressal in

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accordance with law. There shall be no order as to costs.

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(Dr. G.JAYACHANDRAN, J.) & (N.MALA J.)

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10-06-2026

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Index :Yes/No Neutral Citation :Yes/No bsm To,

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