CHINNAIAH Vs. SAKTHIVEL, S/O VADIVEL PILLAI; STATE HUMAN RIGHTS COMMISSION- TAMIL NADU; SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Petition has been filed to call for the records relating to the impugned order passed by the second respondent, dated 25.04.2008, in S.H.R.C.No.5138 of 2005, and quash the same.

(2.) The facts of the case:

(3.) The case of the petitioner is that one Sulakshana, a retired Teacher was murdered in the midnight of 19/20-11-2004. The petitioner registered a case in Crime No.834 of 2004 for the offences under Sections 459, 380 and 302 I.P.C. In the course of investigation, he examined totally 292 persons on various dates from 24.11.2004 to 27.12.2004. On 27.12.2004, the petitioner interrogated one Ravi, S/o.Seevangam and Raghupathy, S/o.Raju, who had committed the murder. The first respondent, who is doing Milk Vending business, is a Police Station Bird, indulging and engaging himself in Katta Panchayats. The said Raghupathy (A.2) in the said case was employed by the first respondent in his milk vending business. The accused persons Ravi and Raghupathy used the motorcycle belonging to the first respondent. Therefore, the first respondent was called to Police Station and after interrogation, he was allowed to go out of the Police Station. The petitioner and two Police Head Constables did not take the first respondent to Thogamalai Police Station and did not torture him. The first respondent often used to come to Police Station to visit the accused persons and tried to influence the petitioner to release the accused persons. The petitioner refused to accede to the request of the first respondent. In view of the same, the first respondent has given a false complaint, after eight months from the date of alleged incident.