STATE OF TAMIL NADU Vs. ASAITHAMBI

JUDGEMENT

(1.) THE first respondent is a Police Constable. He was working in the Tirunelveli Town police station. He was a tenant in the premises belonging to one Palanichamy THEvar. On 25.01.1982, the said Palanichamy THEvar along with his family members went to Tiruchendur Temple for darshan of lord Muruga. THEre, one Annavi @ Muthusubramanian offered to assist the family of the said Palanichamy THEvar to perform the archana services. After worship, they left the temple. Later, they found that the gold chain on the child was missing. THE said Palanichamy THEvar complained the same to the Tiruchendur Police Station. Based on the complaint, the said Annavi was taken to the Police Station, wherein he was beaten. He was taken to some un-known place and was beaten by four un-known persons. He was also taken to Tirunelveli. He was again brought back to Tiruchendur Police Station on 28.01.1982.

(2.) THE complaint given by the father of the said Annavi about the illegal detention and torture was enquired into by the Revenue Divisional Officer at the instance of the District Collector. Based on the report of the Revenue Divisional Officer, a charge memo dated 07.04.1984 was issued against the first respondent by the Deputy Superintendent of Police, Srivaikuntam. Two charges were framed against the first respondent and the same are as follows:

(3.) THE appeal preferred by the first respondent dated 05.01.1986 was dismissed by the Appellate Authority by an order dated 11.06.1985. However, the Appellate Authority held that the charge No,2 was not established. THE Revision preferred by the first respondent was dismissed by an order dated 15.12.1985. Mercy Petition filed by the first respondent before the first petitioner was also dismissed in G.O.Ms.No.1423, Home (Pol.VII) Department, dated 03.06.1986.