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Madras High CourtWP/5661/2021disposed of

Gopinathan v. The State Of Tamilnadu

2021-03-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 5661 of 2021 Gopinathan ... Petitioner vs.

1. The State of Tamil Nadu Rep. By its Secretary to the Government, Public (L &O.H) Department Fort St. George, Chennai 600 009.

2. The District Collector, Vellore 9.

3. The Public Prosecutor, ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 22.10.2020 and withdraw the prosecution of the petitioner in S.C.No.69 of 2008 on the file of the learned District and Sessions Judge, Vellore District at Vellore within a reasonable time.

For Petitioner : Mr.JR.Robers For Respondents : Mr.C.Raghavan Government Advocate, (Crl. Side)

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to consider the representation made by the petitioner on 22.10.2020 wherein the petitioner has sought for withdrawal of the prosecution that is pending against the petitioner in SC No.69 of 2008 on the file of the learned District and Sessions Judge, Vellore District at Vellore.

2. It is seen from records that a complaint was filed before the Court below for the offence of defamation in the year 2008. As early as in the year 2014, the second respondent has already recommended for the withdrawal of prosecution by proceedings dated 05.03.2014. The grievance of the petitioner is that the same has not been acted upon and till date the proceedings have been kept pending unnecessarily without any progress. Left with no other option, the present Writ Petition has been filed before this Court.

3. Heard Mr.JR.Robers, learned counsel appearing for the petitioner and Mr.C.Raghavan, learned Government Advocate (Crl. Side) appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and also of the fact that it is the case of defamation wherein the complaint was given as early as in the year 2008 and the withdrawal of prosecution was recommended in the year 2014, no useful purpose will be served in keeping the proceedings pending at this length of time.

5. In view of the above, the proceedings in SC No.69 of 2008 on the file of the learned District and Sessions Judge, Vellore District at Vellore, is hereby quashed and this Writ Petition is accordingly allowed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jv To

1. The District and Sessions Judge,

2. The Secretary to the Government, Government of Tamil Nadu Public (L &O.H) Department Fort St. George, Chennai 600 009.

3. The District Collector, Vellore 9.

4. The Public Prosecutor,

5. The Public Prosecutor, High Court of Madras, Chennai.

WP No. 5661 of 2021 SKY(CO) CSR 31.03.2021