Madras High CourtWP/20210/2018disposed of

Silambarasan v. The State Of Tamil Nadu

2018-08-07Honourable The Acting Chief Justice,Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 7.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH, ACJ AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.20210 of 2018 Silambarasan Petitioner

Versus

1 The State of Tamil Nadu Rep. by the Secretary Department of Home Secretariat Chennai.

2 The District Collector Krishnagiri District.

3 The Chief Educational Officer Krishnagiri District.

4 The Superintendent of Police Krishnagiri District.

5 The Inspector of Police District Crime Branch Krishnagiri District.

6 Sri Vijaya Vidyalaya Matric Higher Secondary School rep by by Dr.K.Sampath Kumar Principal No.33-B Bagalur Hudco Hosur Krishnagiri District - 635 109 Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the 2nd respondent to further the investigation in FIR No.10/2015 on the file of the 5th respondent police and to file charge sheet.

For petitioner : Mr.T.Elumalai For RR1, 2, 4 & 5 : Mr.E.Manoharan Additional Government Pleader (F) https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the court was made by HULUVADI G.RAMESH,ACJ.) Heard the learned counsel appearing for the petitioner and Mr.E.Manohar, learned Additional Government Pleader, who takes notice on behalf of respondents 1, 2, 4 and 5.

2. The writ petition has been filed seeking a mandamus to the second respondent to proceed further with the investigation in FIR No.10/2015 on the file of the fifth respondent police and to file charge sheet.

3. Having heard the learned counsel for the parties, we find that already, in this regard, based on the complaint, FIR has been filed and investigation has been initiated. and therefore, this petition does not survive for consideration for Public Interest Litigation and Sofar as filing of final report or charge sheet is concerned, it will be done at the appropriate stage on conclusion of the enquiry and based on the material facts available. Initiation of the prosecution and filing of charge sheet is concerned, it can, in no way, be treated as of public interest. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII ) //True Copy// Sub Assistant Registrar ssk.

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