1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.1372 of 2011 and M.P.(MD)No.3 of 2011 1.The State of Tamil Nadu, rep.by its Secretary, Public Department, Fort St.George, Chennai-9.' 2.The Director General of Police, Chennai. 3.The Superintendent of Police, Thanjavur. 4.Inspector of Police, Thanjvur Town East Police Station, Thanjavur District. (Crime No.376/2008) ... Appellants/Respondents Vs. S.Prakasam Kuchurayar ... Respondent/Petitioner Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 17.12.2008, made in W.P.(MD)No.4152 of 2008. WP(MD)No.4152 of 2008 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents 1 to 4 to pay to the petitioner compensation of a sum of Rs.10,00,000/- (Rupees Ten lakhs only) to prosecute the delinquent police officials on the basis of a fair and impartial investigation by filing FIR against the police personnel involved in the encounter. For Appellants : Mr.K.Chellapandian, Addl.Advocate General, assisted by Mr.K.Mahendran, Spl.Govt.Pleader. For Respondent : Ms.D.Geetha for Mr.A.John Vincent JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] The appellants have filed this writ appeal challenging the order of the writ court, dated 17.12.2008, made in W.P.(MD)No.4152 of 2008, directing entrustment of investigation in respect of death of one Mithun Chakravarthy, son of the respondent herein, to CB CID Police. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.K.Chellapandian, learned Additional Advocate General, would submit that CB CID Police is already overburdened with other investigations and as such, the District Crime Branch Police may be directed to investigate into the matter, under the supervision of some higher police officials. 3.However, Ms.D.Geetha, learned counsel, who has taken notice on behalf of the respondent, would submit that the order of the writ court was passed as early as on 17.12.2008 and there is no justification in filing this writ appeal, after a period of three years. 4.We have carefully considered the rival submissions made by the counsel on either side and perused the materials available on record, including the order passed by the writ court. 5.At the outset, it is to be stated that the case was registered on the allegation that the son of the respondent was killed in a fake encounter and certain police officials have been implicated in this case as accused. Considering the seriousness of the allegations levelled by the respondent against police officials in this matter and pointing out certain aspects, the writ court felt that it is safe to entrust the investigation to CB CID and accordingly an order was passed as early as on 17.12.2008 directing entrustment of investigation to CB CID. 6.It is needless to state that CB CID ought to have commenced its investigation as early as in the year 2008 itself and there is no justification for interfering in the order of the writ court, after a lapse of three years. It is brought to our notice by the learned Additional Advocate General that so far CB CID has not taken up the matter for investigation, after passing of the order by the writ Court. 7.Considering such a situation, this Court is constrained to direct the Inspector of Police, CB CID, Thanjavur, to take up the files in respect of Crime No.376/2008, pending on the file of the 4th respondent, namely, Inspector of Police, Thanjavur Town East Police Station, and commence its investigation forthwith. It is made clear that the 4th respondent herein shall hand-over the entire records in respect of the said crime number to the Inspector of Police, CB CID, Thanjavur, within ten days. In order to ensure a fair and unbiased investigation, the investigation, to be conducted by the Inspector of Police, CB CID, Thanjavur, shall be supervised and monitored by the Superintendent of Police, CB CID, Chennai. 8.The writ appeal stands disposed of, accordingly. No costs. Connected M.P.(MD)No.3 of 2011 is closed. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Secretary to Government, Public Department, Fort St.George, Chennai-9.' 2.The Director General of Police, Chennai. 3.The Superintendent of Police, Thanjavur. 4.The Inspector of Police, Thanjvur Town East Police Station, Thanjavur District. 5.The Inspector of Police, CBCID, Thanjavur. 6.The Superintendent of Police, CBCID, Chennai. +1. CC to the Special Government Pleader, SR.No. 42051 gb Judgment in W.A.(MD)No.1372/2011 and M.P.(MD)No.3 of 2011 Dated:29.11.2011 TR : 12.12.2011: 3p/8c https://hcservices.ecourts.gov.in/hcservices/