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Madras High CourtWP/16865/2014dismissed for default

A.R.Elangoven, Party Treasurer v. Union Of India

2024-10-18Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and M.P.No.1 of 2014 A.R.Elangovan ... Petitioner -vs1. Union of India, Rep. by its Secretary to Government, Ministry of Law and Justice, Shastri Bhavan, New Delhi.

2. State of Tamil Nadu, Rep. by its Principal Secretary to Government, Public (Law and Order-H), Fort St. George, Chennai 600 009.

3. The Public Prosecutor, District and Sessions Judge Court, Thiruchirapalli.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration to declare the provisions of Section 199(2)

and (4) of the Code of Criminal Procedure, 1973 is illegal and ultra vires to Article 14, 19 and 361 of the Constitution of India and inconsistent with Section 499 of the Indian Penal Code read with Section 199(1) of the Criminal Procedure Code, 1973 consequently declare G.O.Ms.No.1005 (Public Law and Order-H) Department dated 25.09.2013 and congnizance of the offence against the petitioner on the complaint of the 3rd respondent in the court of Principal District and Sessions Judge, Thiruchirapalli in C.C.No.2 of 2013 is illegal and unconstitutional. For Petitioner :

No appearance For Respondents :

Mr.G.Ilangovan Spl. Panel Counsel for R-1 :

Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.T.K.Saravanan, Govt. Advocate, for R-2 :

Mr.R.Muniyappa Raj Addl. Public Prosecutor for R-3 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) None for petitioner. Writ Petition is dismissed. Consequently, the interim application also stands dismissed.

(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 18.10.2024 Index :

Yes/No NC :

Yes/No sra To:

1. The Secretary to Government, Unio of India, Ministry of Law and Justice, Shastri Bhavan, New Delhi.

2. Principal Secretary to Government of Tamil Nadu, Public (Law and Order-H), Fort St. George, Chennai 600 009.

3. The Public Prosecutor, District and Sessions Judge Court, Thiruchirapalli.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra) 18.10.2024