M S SIVAKUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD the petitioner-in-person and the learned counsel appearing for the respondents.

(2.) THIS writ petition has been filed by the petitioner praying for a writ of mandamus to direct the third respondent to submit the report, stated to have been given by him to the Principal Sessions Judge, Chennai, in Crl.M.P.No.1084 of 2003, containing adverse allegations against the petitioner and to forbear the first and the second respondents from taking any action without conducting a proper enquiry into the matters relating to Crime No.2072 of 2001, on the file of the V-1, Villivakkam Police Station, Chennai.

(3.) IN such circumstances, the second respondent had initiated an illegal criminal action against the petitioner and Valliammai on the instigation of R.M. Ganapathy. A criminal case had been registered in Crime No.2072 of 2001, invoking various Sections of the INdian Penal Code, including Section 506(ii) of the said Code. The Principal Sessions Judge, Madras, had granted anticipatory bail to the petitioner, on condition that he should surrender before the X Metropolitan Magistrate, on or before 26.12.2001, and to furnish two solvent sureties of Rs.5,000/- each. However, the petitioner could not surrender since both the X Metropolitan Magistrate, Egmore, and the II Metropolitan Magistrate, Egmore, Chennai, were on leave, on 26.12.2001. However, the petitioner did not have the knowledge that the Additional Chief Metropolitan Magistrate, would take up the cases of the X and the II Metropolitan Magistrates, due to their absence. Further, since the INspector of Police, who was present at the Egmore Court, had orally informed the petitioner that the petitioner's name could be deleted from the accused list, the petitioner had left the Egmore Court.