R. RAJENDRAN Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition is filed praying to direct the respondents to register a case based on the complaint given by the petitioner dated 06.03.2015 and consequently direct the respondents 2 and 3 to conduct investigation and file the final report in accordance with law.

(2.) The case of the petitioner is that he is the proprietor of a lodging house by name 'Aryas Mansion' at No.9-A, Sattur Road, Sivakasi, Virudhunagar District. He lent Rs. 10 lakhs to his friend Subaidhar, son of Samsudheen for the purpose of running his theatre, by name, Olympic Theatre. Without discharging the debt, Subaidhar sold the property to P.S.R. Engineering College, run by P.S.R.Solaisamy and P.S.R.Ramadoss. Subaidhar later in the year 2003, filed a petition for insolvency. Since P.S.R. Engineering College had purchased the property of Subaidhar and promised to discharge his liabilities, the revision petitioner approached them to discharge the debt of Subaidhar. They are close relatives of Mr.Radhakrishnan, ADGP, Civil Supplies C.I.D. Therefore, they threatened him at pistol point. On the instigation of Mr.Radhakrishnan, ADGP, Civil Supplies C.I.D., the Sivakasi Town Police Station, Sub-Inspector Kalai Kathiravan threatened the petitioner to return back the original cheque issued by Subaidhar. The petitioner refused to return the cheque and gave complaint to the District Superintendent of Police, Virudhunagar District on 23.09.2003. Knowing that a complaint has been filed against P.S.R.Solaisamy and P.S.R.Ramadoss, their relative Mr.Radhakrishnan, ADGP, Civil Supplies C.I.D., instructed the local police to foist a case under Wildlife Protection Act and NDPS Act, as if from his hotel room No.12, Deer Skin, Deer horns and 2 kilograms of heroin were seized. He was arrested and remanded to prison for 45 days. After he came out on bail, Inspector Ramasamy has foisted two more cases against him in Crime Nos.799 of 2005 and 378 of 2007. It is alleged that at the instigation of Mr.Radhakrishnan, ADGP, Civil Supplies C.I.D., the local police registered criminal cases against him with false allegations. The case in Crime No. 799 of 2005 filed against the petitioner was dropped as 'mistake of fact'. His petition to dispose of the case registered in Crime No.507 of 2005 and to transfer the investigation to some other investigating agency, was dismissed on the report of the respondent that action against the petitioner was dropped. The other criminal case registered against him in Crime No.378 of 2007 was quashed by the High Court in Crl.O.P(MD)No. 7931 of 2008. The case in Crime No.953 of 2008 was tried by the learned Judicial Magistrate, Sivakasi in C.C.No.200 of 2009, ended in acquittal on 19.03.2013. All these cases were foisted against him on the influence of Mr.Radhakrishnan, ADGP, Civil Supplies C.I.D., D.S.P. Saravanan and Inspector Ramasamy, on the instigation of P.S.R.Solaisamy and P.S.R.Ramadoss. His complaint against the respondents alleging attempt to commit murder on 31.08.2013 was registered in Crime No.780 of 203, later action was dropped in favour of the accused persons. A brutal attempt to kill him was made by the goondas engaged by P.S.R.Solaisamy and P.S.R.Ramadoss. A case is registered in Crime No.526 of 2014 and the same is pending investigation. On his complaint given to Assistant Superintendent of Police on 18.08.2014 and 26.09.2014 to the District Superintendent of Police, investigation was conducted by Assistant Superintendent of Police, which has disclosed illegal activities of the Inspector and others. He requested the District Superintendent of Police to transfer the case registered against him to some other specialised investigation agency. However, the District Superintendent of Police, Mr.Mageshwaran, colluding with P.S.R. Owners, did not initiate any action upon the report of Assistant Superintendent of Police.

(3.) In his complaint, he has further alleged that the Additional Director General of Police, Civil Supply C.I.D. Radhakrishnan, who is the real owner of P.S.R. Group of institutions and had invested Rs. 8 crores in the said group, was instrumental to register cases against him. Therefore, he had given complaint to the first respondent, fourth respondent and Chief Minister's Special Cell against the police officials and the owners of P.S.R. Group. Under the said circumstances, he seeks a direction to the 2nd and 3rd respondents to register the case based on the complaint given by him on on 06.03.2015 and investigate and file a final report.