(1.) THE prayer in the writ petition is to quash the order dated 15.7.2005 wherein the Deputy Superintendent of Police, Vaniyambadi Sub-Division, Vaniyambadi, Vellore District directed the Inspector of Police, Vaniyambadi Town Circle to open a history sheet against the petitioner and one Shanmugam who are named as accused in Crime No. 659 of 2005, Vaniyambadi Police Station under Sections 294(b), 441,386,468 and 506(H) of the Indian Penal Code and initiate action under section 107 of the Code of Criminal Procedure.
(2.) THE case of the petitioner is that he is a journalist serving as a reporter of a magazine called 'Udal Echerrikkai' and on 24.6.2005, one Nabil alias Mohammed Nabil belonging to Vaniyambadi Kottai area was caught red handed by the Teachers ot T.V.K.V.School and the local public tor sexually assaulting and molesting a girl child studying in the said School and he was produced before the Vaniyambadi Police Station and at that time, the petitioner was present. THE petitioner reported the said incident to the Inspector of Police, who enquired the victim girl who identified the said Nabil as accused and explained the act committed by the said person. According to the petitioner, the Inspector of Police received a telephone call and requested the petitioner and the other person namely Shanmugam to wait outside the police station. THE other person viz. Mr. Shanmugam, was the publisher of a newspaper 'Kannottam'.
(3.) ON 1.7.2005, at about 11.15.pm when the petitioner was returning to his house, the third respondent apprehended the petitioner and forcibly seized the petitioner's two-wheeler, camera and cell phone. Similar treatment was given to Shanmugam and his belongings were also seized. The petitioner and the said Shanmugam were taken to Vaniyambadi Town Police Station where they were beaten and tortured apart from abusing them. The police obtained signatures in several blank papers and the said assault continued till 4.00 am. The petitioner and the said Shanmugam were produced before the learned Judicial Magistrate, Vaniyambadi after registering a case in Crime No. 659 of 2005 for offence under sections 294(b), 384 and 506(ii) of the Indian Penal Code on the basis of a complaint given by one Nilofer Kabil.