M.Rajeshwari v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.9861 of 2015 and M.P.No.1 of 2015 and W.P.No.22004 of 2016 and WMP.No.18814 of 2016 M.Rajeshwari

...Petitioner in both WPs

Vs 1.The Government of Tamil Nadu rep.by its Secretary, Fort St. George, Chennai-600 009.

2.The Directorate of prosecution, O/o.The Director of Prosecution, 3.The Judicial Magistrate, Additional District and Sessions Court, Dharapuram, 4.The Superintendent of Police, Thiruppur District, Thiruppur.

5.The Inspector of Police, 6.Muthukumar 7.Soundararajan 8.Chinnasamy

...Respondents in WP.No.9861/15

1.The Government of Tamil Nadu rep.by its Secretary, Fort St. George, Chennai-600 009.

2.The Directorate of prosecution, Director of Prosecution, 3.The Additional District and Sessions Court, Dharapuram, 4.The District Collector, Thiruppur District, Thiruppur.

5.The Superintendent of Police, Thiruppur District, Thiruppur.

6.The Inspector of Police, 7.Muthukumar 8.Soundararajan 9.Chinnasamy 10.Sankara Narayanan 11.Senthil Kumar

...Respondents in WP.No.22004/16

PRAYER in WP No.9861 of 2015 : Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, (i) ordering transfer of the Sessions Case No.161 of 2010 and P.R.C. No.13 of 2010 on the file of the 3rd respondent to any other District in the State of Tamil Nadu or any other Court as this Honourable Court deems fit with a direction to complete the proceedings within a particular period of time, (ii) directing the 1st and 4th respondents to appoint any Special Officer not below the rank of Deputy Superintendent of Police to monitor the prosecution of the Sessions Case No.161 of 2010 and P.R.C. No.13 of 2010 pending on the file of the 3rd respondent and (iii)

directing the 1st respondent to pay an amount of Rs.15,00,000/- as compensation to the petitioner for the mental harassment and agony undergone by her due to the delay and unfairness in conducting the Sessions Case No.161 of 2010 and PRC No.13 of 2010, at present on the file of the 3rd respondent, by the 3rd and 4th respondents.

PRAYER in WP No.22004 of 2016 : Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the 1st respondent to appoint the 10th respondent or any other person as this Court may deem fit to act as Special Public Prosecutor for conducting the trial of S.C.No.161 of 2010 (P.R.C.No.13 of 2010) pending on the file of the learned Additional District and Sessions Court, Dharapuram, Thiruppur District.

For Petitioner : Ms.S.Meenakshi in both WPs For Respondents : Mr.C.Emalias, APP for R1 to R6 in W.P.No.22004 of 2016 & for R1 to R5 in W.P.No.9861 of 2015 C O M M O N O R D E R W.P.No.22004 of 2016 has been filed praying for a Writ of Mandamus to direct the 1st respondent to appoint the 10th respondent or any other person to act as Special Public Prosecutor for conducting the trial of S.C.No.161 of 2010 (P.R.C.No.13 of 2010) pending on the file of the Additional District and Sessions Court, Dharapuram, Thiruppur District. WP.No.9861 of 2015 has been filed praying for a Writ of Mandamus to (i) order transfer of the Sessions Case No.161 of 2010 and P.R.C. No.

13 of 2010 on the file of the 3rd respondent to any other District in the State of Tamil Nadu or any other Court as this Hon'ble Court deems fit with a direction to complete the proceedings within a particular period of time, (ii) direct the 1st and 4th respondents to appoint any Special Officer not below the rank of Deputy Superintendent of Police to monitor the prosecution of the Sessions Case No.161 of 2010 and P.R.C. No.13 of 2010 pending on the file of the 3rd respondent and (iii) direct the 1st respondent to pay an amount of Rs.15,00,000/- as compensation to the petitioner for the mental harassment and agony undergone by her due to the delay and unfairness in conducting the Sessions Case No.

PRC No.13 of 2010, at present on the file of the 3rd respondent, by the 3rd and 4th respondents.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for respondents 1 to 5 in W.P.No.9861 of 2015 and respondents 1 to 6 in W.P.No.22004 of 2016 and perused the materials placed on record.

3. On the complaint lodged by the petitioner that her husband went missing, the police registered a case in Crime No.47 of 2008 for man missing. While so, the petitioner's son Boopalan was brutally murdered on 12.11.2009. In connection with which, on the complaint of Kathirvel, a case in Crime No.1004 of 2009 was registered and after completing the investigation, final report was filed for offences under Section 302 r/w 120[b] and 302 IPC against four accused, who are now facing trial in S.C.No.161 of 2010 before the learned Additional District and Sessions Judge, Dharapuram, Tirupur District. While so, the petitioner who is the mother of the deceased has come up with the aforesaid prayers.

4. Learned Additional Public Prosecutor submitted that the trial in this case was fixed in April 2016, since the petitioner and the prosecution witnesses were not co-operating, the trial Court was not able to proceed with the trial and witness warrant is pending. He further submitted that A3Soundararajan has died in the meanwhile.

5. In the considered opinion of this Court, the prayers sought for by the petitioner cannot be acceded to inasmuch as, there are no sufficient materials to presume that the prosecution will not be conducted in a proper manner. The incident is of the year 2009 and though the final report has been filed as early as in the year 2010, till 2016, there has been no progress in the trial.

6. Under such circumstances, these petitions are closed with the following directions :

[a] The learned Additional District and Sessions Judge, Dharapuram is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.

[b] The accused shall co-operate with the conduct of the trial by examining the witnesses on the day they are examined in-chief as held by the

Hon'ble Supreme Court in Vinodh Kumar Vs State of Punjab reported in 2015[1] MCJ [Crl] 288. If the accused adopted any dilatory tactics, it is open to the trial Court to remand them to custody as held by the Hon'ble Supreme Court in State of Uttarpradesh Vs Shambu Nath Singh reported in JT 2001[4] SC 319.

[c] Liberty is given to the petitioner to file an application for assisting the prosecution before the trial Court and the trial Court shall permit the same.

Consequently connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To 1.The Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2.The Director of prosecution, Directorate of Prosecution, 3.The Additional District and Sessions Judge, Dharapuram, Thiruppur District.

4.The District Collector, Thiruppur District, Thiruppur.

5.The Superintendent of Police, Thiruppur District, Thiruppur.

6.The Inspector of Police, 7.The Judicial Magistrate, Additional District and Sessions Court, Dharapuram, Thiruppur District.

+1cc to Mr.Ms.S.Meenakshi, Advocate, S.R.No. 39242 W.P.No.9861/2015 & M.P.No.1/2015 and W.P.No.22004/16 & WMP.No.18814/16 VD (CO) PSI(23/07/2016)