MOHAMED ALIYAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come up with the above writ petition seeking the issue of a Writ of Mandamus to direct the first respondent namely the State of Tamilnadu to consider his representation and to register a case against the second respondent herein and also to transfer the investigation to the Superintendent of Police, CBCID, Ramanathapuram.

(2.) HEARD Mr.R.Sankarasubbu, learned counsel for the petitioner and Mr.S. Shanmugavelayutham, learned Public Prosecutor assisted by Mr.R. Vijayakumar, learned Additional Government Pleader appearing for the respondents 1 and 3.

(3.) ACCORDING to the petitioner, the said Syed Mohamed is the son of the writ petitioner's cousin sister by name Syed Ali Fathima. The case of the petitioner is that Syed Mohamed was taken into custody on 14.10.2014, tortured and later killed by the second respondent, while in custody. Therefore, claiming that it was a case of custodial murder, the petitioner submitted a representation dated 15.10.2014 seeking the registration of a criminal complaint under Section 302 of the Indian Penal Code against the second respondent herein and to transfer the investigation to the CBCID, Ramanathapuram. After giving the representation, the petitioner has come up with the above writ petition.