SENTHIL KUMAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner is an accused in several cases within and outside the city of Chennai and alleged that the Police Authorities foisted several false cases for the purpose of detaining him under the Act 14 of Tamil Nadu Goonda 1982. A complaint was sent to the authorities by wife of the petitioner on 21.12.2008 and by the petitioner on 23.12.2008 through the prison authorities. Since the same has not been taken on file for investigation, the petitioner seeks for a direction to register the case and transfer the investigation of the case to CBI.

(2.) Learned counsel for the petitioner submits that the petitioner was enquired and arrested on 2.12.2008 and the Assistant Commissioner of Police demanded for Rs.One lakh for settling the matter and the same has been refused. That because the petitioner has filed petition with allegations against Police officers with the aforesaid prayer, they registered several other cases and in the result, they have detained him on 21.2.2007 under Goonda's Act. The order of detention against the petitioner was set aside on 16.8.2007 by the Bench of High Court in H.P. No. 366 of 2007. After consideration of Sub-Urban Police Commissionarate, 11 other cases were, subsequently registered and the petitioner was detained, second time as a "Goonda" on 23.12.2008 and his detention was quashed by orders passed by the Bench of High Court in H.P. No. 69 of 2009 on 20.1.2009. It is further submitted that six cases registered, are concocted by the Police after filing of the afore-said petitions before the High Court. The petitioner, by filing petitions seeks for a direction for transfer of the investigation of those cases to CBI for further investigation.

(3.) Meanwhile, the petitioner has preferred Crl. O.P. Nos.18639, 18641, 18702, 18703, 18954 and 18962, seeking to quash FIRs, registered against the petitioner. Learned counsel for the petitioner submits that though several cases were pending against the petitioner, the said quash petitions have been filed against those 6 FIRs. Though it is claimed that the complaint of the petitioner dated 21.12.2008 was enquired by the Dy. Commissioner of Police and even though prima facie allegation has been made out against the erring Police Officers, enquiry was not conducted in the manner known to law, since they are the subordinate Police Officers of the Enquiry Officer. It is further claimed that those erring Police Officers looted and taken away the belongings of the petitioner worth Rs. 1 crore in the form of seizure and the same was not deposited in the Court. On perusal of the case records and documentary materials, it will go to show that the case has been falsely foisted on the petitioner. The family members of the petitioner were also ill-treated and several representations were made. The report submitted by Commissioner of Police is also biased, motivated and there is no iota of truth in it and made to protect his subordinate Police Officers. Several case records were manipulated and that though some of the cases were transferred to CBCID for further investigation, the petitioner lost his hopes as to whether the investigation of the cases will be conducted in a fair and independent manner. Hence, the petitioner seeks for quashing of the FIRs or in the alternative transfer of those cases to CBI.