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Judgments of Supreme Court of India and High Courts

S.Vellaichamy vs The Superintendent Of Police on 31 January, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 31.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

W.P.(MD) Nos.5171 of 2016
and 989 of 2019
and
W.M.P.(MD) Nos.4627 and 4628 of 2016
and
W.M.P.(MD) Nos.821 and 822 of 2019

W.P.(MD) No.5171 of 2016

S.Vellaichamy … Petitioner

versus

1. The Superintendent of Police,
O/o. The Superintendent of Police,
Virudhunagar District.

2. State Rep. By Inspector of Police,
All Women Police Station,
Rajapalayam,
Virudhunagar District.
(Crime No.14 of 2015) … Respondents

Writ Petition filed under Article 226 of Constitution of India for
the issuance of Writ of Certiorarified Mandamus, to call for the records of
the Impugned Order in Na.Ka.No.F1/Tha.Pa.138/2015 dated 10.02.2016
on the file of the Respondent No.1 and to quash the same as illegal and
consequently, direct the Respondent No.1 to keep in abeyance the
Departmental proceedings till the disposal of the Criminal Case in C.C.No.
311 of 2015 pending before the learned Judicial Magistrate No.II,
Srivilliputhur in Crime No.14 of 2015 dated 14.09.2015 on the file of the
Respondent No.2.

http://www.judis.nic.in
2

For Petitioner : Mr.T.Aswin Rajasimman
For Respondents : Mr.J.Gunaseelan Muthiah
Additional Govt. Pleader

W.P.(MD)No.989 of 2019

S.Vellaichamy … Petitioner

versus

1. The Superintendent of Police,
O/o. The Superintendent of Police,
Virudhunagar District.

2. State Rep. By Inspector of Police,
All Women Police Station,
Rajapalayam,
Virudhunagar District.

(Crime No.14 of 2015) … Respondents

Writ Petition filed under Article 226 of Constitution of India for
the issuance of Writ of Certiorarified Mandamus, to call for the records of
the impugned order in C.No.F1/PR.No.138/2015 dated 01.09.2018 on
the file of the Respondent No.1 and to quash the same as illegal and
consequently, direct the Respondent No.1 to drop the departmental
proceedings on the basis of the order of acquittal in C.C.No.311 of 2015
dated 05.01.2018 by the learned Judicial Magistrate No.II, Srivilliputhur
in Crime No.14 of 2015 dated 14.09.2015 registered under Sections
498(A), 294(b), 406 and 506(i) IPC and Section 4 of Women Harassment
Act on the file of the Respondent No.2.

For Petitioner : Mr.T.Aswin Rajasimman
For Respondents : Mr.J.Gunaseelan Muthiah
Additional Govt. Pleader

http://www.judis.nic.in
3

COMMON ORDER

In W.P.(MD)No.5171 of 2016, the petitioner has challenged the

Charge Memo dated 19.11.2015 issued by the first respondent. The

charge relates to a complaint made by the daughter-in-law of the

petitioner under Section 498A of IPC. The said writ petition was admitted

and an interim order of stay of disciplinary proceedings was also granted.

It is seen from the records that in the mean time, the criminal case

ended in acquittal on 05.01.2018.

2. While the things stood thus, the petitioner has come forward

with the second writ petition in W.P.(MD) No.989 of 2019, wherein, the

petitioner challenges the order dated 01.09.2018 passed by the first

respondent herein, refusing to drop further action, on the ground, the

acquittal in criminal case was based on benefit of doubt.

3. It is also seen from the Judgment of the Criminal Court, it is

an Honourable acquittal and not an acquittal on the basis of benefit of

doubt as claimed by the first respondent in the proceedings impugned in

W.P.(MD) No.989 of 2019.

4. In view of the completion of criminal proceedings, the prayer

in W.P.(MD)No.5171 of 2016 does not survive any longer. Hence, the

writ petition is dismissed as having become infructuous.
http://www.judis.nic.in
4

5. As regards W.P.(MD)No.989 of 2019, the authority had

refused to drop further proceedings on the ground that the acquittal is

only based on benefit of doubt. The disciplinary proceedings were

initiated only on the basis of FIR registered against the petitioner on a

complaint made by his daughter-in-law. The said Criminal case was

registered in C.C.No.311 of 2015 and after trial, the learned Judicial

Magistrate No.II, Srivilliputhur, has acquitted the petitioner on all

charges. The learned Magistrate, while acquitting the petitioner, has

observed as follows:

“”,t;thwhf ,e;j tHf;fpy; 1tJ vjphp kPjhd

gphpt[fs; 498(V). 294(gp). 506(1). 406. gphpt[ 4 tujl;riz jLg;g[

rl;lk; kw;Wk; gphpt[ 4 bgz;fs; td;bfhLik jLg;g[ rl;lg;goahd

Fw;wr;rhl;Lk;. 2k; vjphp kPjhd gphpt[fs; 498(V). 294(gp). 506(1).

406. gphpt[ 4 tujl;riz jLg;g[ rl;lk; kw;Wk; gphpt[ 4 bgz;fs;

td;bfhLik jLg;g[ rl;lg;goahd Fw;wr;rhl;Lk;. 3k; vjphp kPjhd

gphpt[fs; 498(V). 294(gp). 506(1). 406. gphpt[ 4 tujl;riz

jLg;g[ rl;lg;goahd Fw;wr;rhl;Lk; muR jug;gpy; rhl;rpa’;fs;

K:yk; re;njfj;jpw;fplkpd;wp epU:gpf;fg;gltpy;iy vd;gjhy; 1 Kjy;

3 vjphpfs; nkw;go gphpt[fspd; fPH; Fw;wthspfs; ,y;iy

vd;W ,e;ePjpkd;wk; Kot[ bra;fpwJ/”

6. This acquittal, in my considered opinion, cannot be treated as

a acquittal on benefit of doubt. The learned Magistrate has observed

that the prosecution has not made out the case beyond all reasonable
http://www.judis.nic.in

doubts. Thus, the sole ground, on which, the disciplinary proceedings
5

were sought to be taken against the petitioner, stands effaced. I see no

justification to continue the disciplinary proceedings any longer. In view

of the same, the order impugned in the writ petition in W.P.(MD) No.969

of 2019 is quashed. The Disciplinary Proceedings will stand dropped.

7. Accordingly, W.P.(MD) No.5171 of 2016 is dismissed as

infructuous and W.P.(MD) No.969 of 2019 is allowed. No costs.

Consequently, connected miscellaneous petitions are closed.

31.01.2019
Index : Yes / No
Internet : Yes / No
ogy

To

1. The Superintendent of Police,
O/o. The Superintendent of Police,
Virudhunagar District.

2. The Inspector of Police,
All Women Police Station,
Rajapalayam,
Virudhunagar District.

http://www.judis.nic.in
6

R.SUBRAMANIAN, J.

ogy

W.P.(MD) Nos.5171 of 2016
and 989 of 2019
and
W.M.P.(MD) Nos.4627 and 4628 of 2016
and
W.M.P.(MD) Nos.821 and 822 of 2019

31.01.2019

http://www.judis.nic.in

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