Madras High Court
Saravana Prabhu vs State Of Tamil Nadu Rep. By Its on 25 June, 2015
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.06.2015 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH Writ Petition No.15307 of 2015 and M.P.No.1 of 2015 Saravana Prabhu, Student, International Maritime Academy, Chennai. .. Petitioner Vs State of Tamil Nadu Rep. By its 1.Chief Secretary to Government, Fort St. George, Chennai. 2.Managing Director, International Marine Academy, 41, Jamin Korattur, Puduchatram, Chennai 124. 3.Assistant Director, Narcotics Control Bureau, Chennai 90. 4.Director, CBI, New Delhi 3. .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India for a writ of Mandamus constituting an SIT comprising NCB & CBI officials to register an F.I.R., & probe the perennial dope-induced ragging in IMA, and the complicity, connivance & concealment of the same by the second respondent & Vellavedu Police officials, commanding the first respondent to accommodate the petitioner in any other genuine institution offering the B.Tech (Marine Engineering) course & command the respondents 1 and 2 to provide a compensation of 5 crore rupees for exploitation, physical torture and mental agony suffered during two years of dope-induced ragging, and for loss of two years education. For Petitioner :Mr.Manikanda Vadhan Chettiar for Mr.Mathan Kumar For RR1, 3 & 4 :Mr.S.Shanmuga Velayutham, Public Prosecutor ORDER
On 17.06.2015, this Court directed the petitioner to appear before the Superintendent of Police, Tiruvallur District, in person and lodge a written complaint and further directed the Superintendent of Police to refer the complaint to the competent police officer for enquiry.
2.Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondents 1, 3 & 4.
3.Today, when the matter was called, it is represented by the learned Public Prosecutor that, the petitioner did not appear before the Superintendent of Police, Tiruvallur District, as directed by this Court. Based on the complaint lodged by the petitioner online, a case in Crime No.209 of 2015 has been registered on 23.06.2015 for offence under Sections 294(b), 342, 323, 324 and 506(ii) I.P.C., and Section 4 of the Tamil Nadu Prohibition of Ragging Act 7 of 1997, arraying the Dean of the Institution and the students named by the petitioner as accused. The same is recorded. The Superintendent of Police, Triuvallur District has nominated Mr.Vijayakumar, Deputy Superintendent of Police, Tiruvallur District, as Investigating Officer of this case.
4.It is also seen that the Investigating Officer has issued summons dated 19.06.2015 to the petitioner, which was received by the petitioner on 25.06.2015, to appear for enquiry and it is represented that the petitioner has not responded to the said summons and that, he did not appear for enquiry.
5.The petitioner filed an additional affidavit making allegations against the Deputy Superintendent of Police/Investigating Officer, which is strongly refuted by the learned Public Prosecutor.
6.This Court is of the opinion that, no further order need to be passed in this writ petition. The Deputy Superintendent of Police, Tiruvallur District, is directed to proceed with the investigation in Crime No.209 of 2015 and file final report in accordance with law. The petitioner is directed to appear before the Investigating Officer and co-operate in the investigation.
7.In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
22.06.2015 jbm Index: Yes/No To
1.The Chief Secretary to Government, Fort St. George, Chennai.
2.Assistant Director, Narcotics Control Bureau, Chennai 90.
3.Director, CBI, New Delhi 3.
4.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH,J jbm W.P.No.15307 of 2015 25.06.2015