Xavior Arokiyasamy v. Deputy Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.06.2023 CORAM : THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) Nos.11268, 11269,11270 and 11271 of 2023 W.P(MD) No.11268 of 2023 Xavior Arokiyasamy ... Petitioner Vs.

¶1Deputy Superintendent of Police,

¶3Raja Ponnusamy (Chief Manager Director), New Raise Alayam Groups Private Limited, No.5/1A, Pus Nagar, Manthoppu, Polur Main Road, Thiruvannamalai 696 601.

¶4Pandi Saravanakumar (Director of Puduvayal Branch), S/o.Sathaiah, Ganeshapuram First Street, P.M.A Street, Kottaiyur - 630 016, Sivagangai.

¶5Karthickeshwari

¶6Mahendran (Managing Director), New Raise Alayam Groups Private Limited.

¶7The Inspector of Police, EOW, Sivagangai. (He is suo-motu impleaded by this Court in W.P(MD) Nos.11268 to 11271 of 2023 dated 05.06.2023) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 01.09.2022 and complete the enquiry within the time frame as fixed by this Court. W.P(MD) No.11269 of 2023 Subramanian ... Petitioner Vs.

¶1Deputy Superintendent of Police,

¶3Raja Ponnusamy (Chief Manager Director), New Raise Alayam Groups Private Limited, No.5/1A, Pus Nagar, Manthoppu, Polur Main Road, Thiruvannamalai 696 601.

¶4Pandi Saravanakumar (Director of Puduvayal Branch), S/o.Sathaiah, Ganeshapuram First Street, P.M.A Street, Kottaiyur - 630 016, Sivagangai.

¶5Karthickeshwari

¶6Mahendran (Managing Director), New Raise Alayam Groups Private Limited.

¶7The Inspector of Police, EOW, Sivagangai. (He is suo-motu impleaded by this Court in W.P(MD) Nos.11268 to 11271 of 2023, dated 05.06.2023) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 01.09.2022 and complete the enquiry within the time frame as fixed by this Court. W.P(MD) No.11270 of 2023 R.Sasikala ... Petitioner Vs.

¶1Deputy Superintendent of Police,

¶3Raja Ponnusamy (Chief Manager Director), New Raise Alayam Groups Private Limited, No.5/1A, Pus Nagar, Manthoppu, Polur Main Road, Thiruvannamalai 696 601.

¶4Pandi Saravanakumar (Director of Puduvayal Branch), S/o.Sathaiah, Ganeshapuram First Street, P.M.A Street, Kottaiyur - 630 016, Sivagangai.

¶5Karthickeshwari

¶6Mahendran (Managing Director), New Raise Alayam Groups Private Limited.

¶7The Inspector of Police, EOW, Sivagangai. (He is suo-motu impleaded by this Court in W.P(MD) Nos.11268 to 11271 of 2023 dated 05.06.2023)

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 01.09.2022 and complete the enquiry within the time frame as fixed by this Court. W.P(MD) No.11271 of 2023 Valarmathi ... Petitioner Vs.

¶1Deputy Superintendent of Police,

¶3Raja Ponnusamy (Chief Manager Director), New Raise Alayam Groups Private Limited, No.5/1A, Pus Nagar, Manthoppu, Polur Main Road, Thiruvannamalai 696 601.

¶4Pandi Saravanakumar (Director of Puduvayal Branch), S/o.Sathaiah, Ganeshapuram First Street, P.M.A Street, Kottaiyur - 630 016, Sivagangai.

¶5Karthickeshwari

¶6Mahendran (Managing Director), New Raise Alayam Groups Private Limited.

¶7The Inspector of Police, EOW, Sivagangai. (He is suo-motu impleaded by this Court in W.P(MD) Nos.11268 to 11271 of 2023 dated 05.06.2023)

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 22.09.2022 and complete the enquiry within the time frame as fixed by this Court. For Petitioners

in all the cases : Mr.K.N.Guru For R1 and R2 in all the cases : Mr. B.Nambiselvan Additional Public Prosecutor COMMON O R D E R These Writ Petitions have been filed to direct the 1st and 2nd respondents to take appropriate action on the petitioner's complaint dated

01.09.2022 and 22.09.2022 and complete the enquiry within the time frame as fixed by this Court.

¶2Now the grievance of the petitioners that they are also victims of the crime that was committed by the third respondent and others, over which, a case in Crime No.7 of 2022 was registered by Economic Offences Wing, Madurai, and now investigation is pending. Since they are also victims of the above said crime, they sent representations to include them as victim by recording their statement. So far the above said representations were not considered by the second respondent, hence this petition has been filed.

¶3The learned Additional Public Prosecutor would submit that now the above said investigation is transferred to the Economic Offences Wing, Sivagangai, from the file of the second respondent on 14.10.2022.

¶4The Officer from the EOW, Sivagangai, is present before this Court. The Inspector of Police, EOW, Sivagangai, is suo-motu impleaded as seventh respondent in all these matters.

¶5The learned Additional Public Prosecutor would further submit that the seventh respondent have not received the bundle from the second respondent so far.

¶6The petitioners in all these matters are directed to appear before the seventh respondent and the seventh respondent is directed to record the petitioners' statement and proceed the matters in accordance with law.

¶7There shall be a direction to the second respondent to transfer the above said CD files immediately to the seventh respondent. The learned Additional Public Prosecutor may also advise the seventh respondent to consider the above said representation immediately.

¶8With the above said direction, these Writ Petitions stands disposed of. No costs.

05.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu (Note: Registry is directed to carry out the necessary amendment in all these petitions. After carry out the amendment, summon shall be issued to the petitioners also. ) To

¶1The Deputy Superintendent of Police,

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J Indu W.P(MD) Nos.11268, 11269, 11270 and 11271 of 2023 Dated :05.06.2023