Madras High CourtWA/1302/2014dismissed as infructuous

The Additional Director v. P.Rajakumari

2019-07-08Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2019

CORAM

THE HONOURABLE DR. JUSTICE VINEET KOTHARI and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.A. No.1302 OF 2014 1.The Additional Director General of Police (Prisons), CMDA Towers-II, No.1, Gandhi Main Road, Egmore, Chennai-8.

2.The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.

3.The Superintendent of Police, Central Prison, Coimbatore.

4.The Inspector of Police, Udumalpet Police Station, Thiruppur District.

5.The State Rep. by the Secretary to the Home Department, Fort St.George, Chennai-9.

6.The Director General of Police, Mylapore, Chennai-4.

7.The Superintendent of Police, Tirupur.

...Appellants Vs P.Rajakumari ..Respondent PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent Act, to allow the writ appeal by setting aside the order passed by the learned Judge in W.P.No.23320 of 2014 dated 24.09.2014.

Prayer in WP No.23320 of 2014 : Petition filed under Article 226 of the Constitution of India for issuance writ of mandamus directing any other Judicial Magistrate except the Judicial Magistrate Udumalaipettai to conduct an inquiry for the custodial rape and violence committed against the petitioners mother Chandra Wife of Chellaiah by the police officials at the 4th Respondent Police Station and now remanded in Crime No.547 of 2014 and lodged in the Women Central Prison Coimbatore and further investigation by an independent agency regarding the custodial rape and violence committed against the petitioners mother to take necessary action against the accused. For Appellant : Mr.A.N.Thambidurai Special Government Pleader For Respondent : No Appearance

JUDGMENT

[Judgment of the Court was delivered by DR.VINEET KOTHARI, J.] Learned Special Government Pleader appearing for the appellants State, Mr.A.N.Thambidurai, submits that since the directions of the learned Single Judge has been complied with and after investigation by the CBI, the charge sheet has been filed by the CBI in C.C.No.91 of 2016 before the Chief Judicial Magistrate, Coimbatore, the present Writ Appeal does not require to be decided on merits and the same has become infructuous. Therefore, the Writ appeal is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar vri To 1.The Additional Director General of Police (Prisons), CMDA Towers-II, No.1, Gandhi Main Road, Egmore, Chennai-8.