M MUTHURAJ Vs. STATE

JUDGEMENT

(1.) The Petitioner is working as an Inspector of Police attached to the Vigilance and Anti Corruption Department, Theni, has come forward to challenge an order of the Respondent State Government made in G.O.Ms. No. 1094, Public (Law & Order) Department, dated 26.09.2008. By the said Order, the State Government acting on the report of the District Collector, Madurai, directed criminal prosecution as well as departmental proceedings to be initiated against seven police men, including the Petitioner who was at the relevant time was a Sub Inspector of Police. The Petitioner, challenging the validity of the said order, filed this writ petition and got an interim stay pending notice on the writ petition.

(2.) Heard the arguments of Mr. Veera Kathiravan, learned Counsel appearing for the Petitioner and Mr. S.C. Herold Singh, learned Government Advocate appearing for the Respondent.

(3.) It is seen from the records that a FIR was registered in the Avaniapuram Police Station on 05.12.2004 on account of death of one Eswaran. It was registered as Crime No. 820 of 2004 under Section 174 Code of Criminal Procedure. Since the complaint disclosed an offence committed by police officers, the matter was referred to the Revenue Divisional Officer, Madurai by the District Collector as per PSO 151 (Old PSO 145). The Revenue Divisional Officer conducted an enquiry after making a publication in the newspapers on 21.12.2004 asking persons who are familiar with the case to give their statements.