Madras High CourtWP/7675/2020dismissed

H.Sumathi v. State Of Tamilnadu

2020-05-18Honourable Mr Justice M. Sathyanarayanan,Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.05.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE DR. JUSTICE ANITA SUMANTH WP.No.7675 of 2020 H.Sumathi .. Petitioner

Versus

1.State of Tamil Nadu rep. By its The Principal Secretary to Home Department, Fort St.George, Secretariat, Chennai 600 009.

2.The Director General of Police, State Police Head Quarters, Dr.Radhakrishnan Road, Mylapore, Chennai 600 009.

3.The Superintendent of Police, District Police Office, Villupuram District.

4.The Sub-Inspector of Police (L&O) Tiruvennai Nallur Police Station, Villupuram District, FIR No.630 of 2020 (dated 10.05.2020).

5.The Joint Director, Central Bureau of Investigation (South) SBI, College Road, Chennai 600 006.

6.The Director, Central Bureau of Investigation, Plot No.5B, 6th Floor, CGO Complex, Lodhi Road, New Delhi 110 003.

... Respondents Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the 2nd respondent to transfer the investigation in FIR No,.630 of 2020 dated 10.05.2020 from the file of 4th respondent to the 5th respondent in the larger interest of the public.

For Petitioner :

Mr.R.Krishnamurthy For Respondents :

Mr.P.H.Aravindh Pandiyan Additional Advocate General assisted by Mr.V.Jayaprakash Narayan, GP

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)The writ petition styled as a Public Interest Litigation, is filed by a resident of Avadi, praying for transfer of investigation pertains to the cruel demise of one Jayasree who was aged about 14 years.

(2)Mr.V.Jayaprakash Narayan, learned Government Pleader accepts notice on behalf of the respondents.

(3)It is also brought to the knowledge of this Court that in this regard a case in Crime No.630 of 2020 has also been registered by the 4th respondent and the investigation is on. (4)Mr.R.Krishnamurthy, learned counsel for the petitioner would submit that a person claimed to be the father of late Jayasree, viz., Jayapal, has called him from him his mobile Phone bearing Number 9626832014 and would submit that the family of Jayasree has been paid with solatium of Rs.5,00,000/- by the Collector of Villupuram District and as of now, he is satisfied with the progress of the investigation being done by the 4th respondent and in the light of the same, the petitioner is not interested in prosecuting this writ petition.

(5)The Court heard the submissions of Mr.P.H.Aravindh Pandiyan, learned Additional Advocate General assisted by Mr.V.Jayaprakash Narayan, learned Government Pleader appearing

for the respondents 1 to 4 and also perused the materials placed before it.

(6)In the light of the submissions of the learned counsel for the petitioner, this Court is of the considered view that no further orders are necessary in this writ petition. (7)Accordingly, the writ petition stands dismissed at the admission stage itself. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ap To 1.The Principal Secretary to Home Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai 600 009.