K.Sezhiyan v. The Superintendent of Police

ORDER This writ petition has been filed to direct the respondents 1 and 2 take disciplinary action against the 3rd respondent herein Abuse of police powers by considering the e-presentation dated 08.03.2022 & 17.10.2022 in accordance with law.

¶2The learned counsel for the petitioner would submit that the petitioner made representations dated 08.03.2022 & 17.10.2022, requesting the 1st and 2nd respondents to take action against the 3rd respondent for unnecessarily including the petitioner's name in the charge sheet pertaining to Crime No.155 of 2011. However, no action was taken by the respondents 1 & 2 till date. Hence, this petition.

¶3In reply, the learned counsel for the respondents would submit that the petitioner is History-Sheeter in H.S.No.154/14, which was registered pursuant to the Crime No.155/2011. In such case, he would contend that even if there is anything, the petitioner can very well approach any Court of law by way of filing a suitable petition not by filing this petition before the Writ Court. Hence, he prays for dismissal of this petition.

¶4Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶5In the case on hand, as rightly contended by the respondent, the right course available to the petitioner is to file a petition for nullifying the prosecution by establishing his case in the manner known to law. Mere inclusion of his name in a charge sheet cannot be a ground for taking action against the 3rd respondent. Hence, this Court is inclined to dismiss the present petition.

¶6Accordingly, this writ petition is dismissed with liberty to the petitioner to approach an appropriate Court. No cost. 09-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Superintendent of Police office of the superintendent of Police District police office cuddalore District

2.The Deputy Superintendent of Police office of the Deputy superintendent of Police sethiyathope Range cuddalore District

3.P.R. Michel irudhayaraj Inspector of Police orthur police station Chidambaram taluk cuddalore District KRISHNAN RAMASAMY J. nsa

09-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY K.Sezhiyan S/o. Kaliyamoorthy, No. -1 / 152, Main Road orathur and Anjal Chidambaram Taluk Cuddalore District Petitioner(s) Vs 1. The Superintendent of Police office of the superintendent of Police District police office cuddalore District 2.The Deputy Superintendent of Police office of the Deputy superintendent of Police sethiyathope Range cuddalore District 3.P.R. Michel irudhayaraj Inspector of Police orthur police station Chidambaram taluk cuddalore District Respondent(s) PRAYER Writ Petition, filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, Direct the Respondents 1 and 2 take disciplinary action against the 3rd respondent herein Abuse of police powers by considering the e-presentation dated 08.03.2022 17.10.2022 in accordance with law to secure the ends of justice. For Petitioner(s): Mr.G.D.Sendillveal For Respondent(s): Mrs.S.Anitha, SGP for R1&2 R3 – No appearance