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Madras High CourtWP/27321/2007dismissed for nonprosecution

Satheesh v. State Of Tamilnadu

2023-04-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.P.No. 1 of 2007 Satheesh

...Petitioner

-Vs1. State of Tamil Nadu rep by its Home Secretary Fort St. George, Chennai -9.

2. Union of India rep by its Secretary to Government, Ministry of Law, Loadi Road, New Delhi.

(Cause title amended as per order dated 12.03.2008 in M.P.No.2 of 2007 in W.P.No.27321 of 2007) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration in the light of the appended affidavit to declare Section 190 & 200 of the Cr.P.C., as being ultra vires Articles 14 & 21 of the Constitution, to the limited extent that it permits a judicial Magistrate to enquire cognizable cases such as murder etc., even in the first instance, without recourse to the statutory agencies such

as the police, as consequently direct the second respondent to investigate the petitioner's complaint to the first respondent and to file a report before this Court within 60 days.

For Petitioner : No appearance For Respondents : Ms.V.Yamunadevi Special Government Pleader

ORDER

This Writ Petition has been filed to declare Section 190 & 200 of the Cr.P.C., as being ultra vires Articles 14 & 21 of the Constitution, to the limited extent that it permits a judicial Magistrate to enquire cognizable cases such as murder etc., even in the first instance, without recourse to the statutory agencies such as the police, as consequently direct the second respondent to investigate the petitioner's complaint to the first respondent and to file a report before this Court within 60 days.

2.

Today, when the matter is taken up for hearing, no one is appearing on behalf of the petitioner either in person nor through counsel.

3.

Hence, the Writ Petition stands dismissed for default. Consequently, connected miscellaneous petition is also closed. There shall be no order as to cost.

13.04.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To

1. The Home Secretary State of Tamil Nadu Fort St. George, Chennai -9.

2. The Secretary to Government, Union of India Ministry of Law, Loadi Road, New Delhi.

3. The Public prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN. J, rts M.P.No. 1 of 2007 13.04.2023