Arun Kumar v. The State Rep by the Commissioner of Police

O R D E R This writ petition has been filed for direction directing the first respondent to consider and take appropriate action on the petitioner's representation dated 17.02.2026 submitted to the Commissioner of Police, Salem and to pass appropriate orders thereon, in accordance with law, within a time frame to be stipulated by this Court.

2.It is seen from the complaint lodged by the petitioner that the petitioner was brutally attacked by the respondents 2 to 5 herein who were police officers. Further, he has been falsely implicated as an accused in Crime No.31 of 2026 registered for the offence punishable under Sections 296(6), 115(2), 351(3) of B.N.S. and Section 3(1) of Tamil Nadu (Prevention of Damages and Loss) Act. Immediately after the attack, the petitioner went to the Government Mohan Kumaramangalam Medical College and Hospital, Salem and his statement was also recorded as he was assaulted by known persons.

3.The second respondent filed counter before this Court stating that a false complaint has been lodged by the petitioner inorder to escape from the clutches of FIR registered in Crime No.31 of 2026 on the file of Veeranam Police Station.

4.Infact, the petitioner lodged complaint to take action as against respondents 2 to 5 who assaulted the petitioner. Therefore, the counter filed by the second respondent cannot be looked into. The complaint lodged by the petitioner has to be enquired by the Officer above the rank of Inspector of Police.

5.Therefore, the first respondent is directed to forward the complaint lodged by the petitioner to the Officer not below the rank of Deputy Commissioner of Police, Salem to conduct enquiry. On receipt of the complaint, the concerned Officer is directed to issue notice to the petitioner and respondents 2 to 5 herein and conduct enquiry and dispose of the complaint lodged by the petitioner, within a period of four weeks from the date of receipt of the complaint. It is also made clear that if any cognizable offence is revealed during enquiry, the concerned Officer is directed to register FIR and proceed in accordance with law.

6.With the above direction, the writ petition is disposed of.

06.08.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To

1.The Commissioner of Police, Salem City, Sankari Main Road, Linemedu, Gugai, Salem, Tamil Nadu – 636 006.

2.The Public Prosecutor, Madras High Court, Chennai – 600 104. G.K.ILANTHIRAIYAN,J. pri

06.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Arun Kumar ... Petitioner Vs. 1.Commissioner of Police, Salem City, Sankari Main Road, Linemedu, Gugai, Salem, Tamil Nadu – 636 006. 2.Sangeetha 3.Mohanamuthu 4.Gunaseelan 5.Rajendran ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and take appropriate action on the petitioner's representation dated 17.02.2026 submitted to the Commissioner of Police, Salem and to pass appropriate orders thereon, in accordance with law, within a time frame to be stipulated by this Hon'ble Court, having due regard to the threats faced by the petitioner, his family, and the school run by him namely Yatindra Academy, at the hands of respondents 2 to 5, and the acts of misconduct, abuse of authority and illegal actions alleged against respondents 2 to 5, and further restraining respondents 2 to 5 from harassing, threatening, or in any manner interfering with the petitioner, his family members, and the said school, pending consideration and disposal of the said representation. For Petitioner : Mr.Pavan Kumar Gandhi for M/s.Manikanda Prabhu For Respondents : Mr.R.Ganesh Kumar for R1 Counsel for Government of Tamil Nadu (Criminal Side) High Court of Madras R2 to R5 – Notice Served – No Appearance