Madras High CourtWP/41759/2006dismissed

Mohammed Yacoob v. State Of Tamilnadu

2018-07-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2018

CORAM

The Hon'ble Mr.Justice M.DHANDAPANI W.P.No.41759 of 2006 connected M.Ps.

1 MOHAMMED YACOOB ... PETITIONER Vs 1 STATE OF TAMILNADU BY HOME SECRETARY FORT ST. GEORGE CHENNAI-9 2 DIRECTOR GENERAL OF POLICE MYLAPORE CHENNAI-4 3 INSPECTOR GENERAL OF POLICE (CRIME) MYLAPORE CHENNAI-4 4 SUPERINTENDENT OF POLICE THIRUVANNAMALAI DIST THIRUVANNAMALAI 5 DEPUTY SUPERINTENDENT OF POLICE THIRUVANNAMALAI RURAL SUB-DIVISION THIRUVANNAMALAI 6 MOHAMMED RAFIQ @ BABU S/O. MOHAMMED YUSUF VIRUDHUVILANGINAN VILLAGE THIRUVANNAMALAI TALUK THIRUVANNAMALAI DIST.

7 KALIMULLA RAVUTHAR S/O. ABDUL RAZACK VIRUDHUVILANGINAN VILLAGE THIRUVANNAMALAI TALUK THIRUVANNAMALAI DIST.

... RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus directing the 1st and 2nd respondents to order for re-investigation in respect of the case registered in Crime No.196 of 2005 on the file of Varaiyur Police Station, Thiruvananmalai District preferably by a Police Officer not below the rank of Superintendent of Police attached to C.B.C.I.D under the control of the 3rd respondent.

For Petitioner : Mr.P.Palaninathan For Respondents 1 to 5 : Mr. K.Ravikumar, AGP For Respondents 6 & 7 : Mr.S.Kumaradevan

O R D E R

The petitioner filed a writ of mandamus directing the respondents 1 and 2 to order for re-investigation in respect of the case registered in Crime No.196 of 2005 on the file of Varaiyur Police Station, Thiruvananmalai District by the superior police officer.

2. Learned Additional Government Pleader for the State would submit that the case was investigated by the the Deputy Superintendent of Police, Veraiyur Police Station and thereafter assigned in S.C.No.267 of 2007 and the case was acquitted in favour of the accused person. Hence, the prayer sought for in the writ petition become infructuous. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar smi To 1 STATE OF TAMILNADU BY HOME SECRETARY FORT ST. GEORGE CHENNAI-9 2 DIRECTOR GENERAL OF POLICE MYLAPORE CHENNAI-4 3 INSPECTOR GENERAL OF POLICE (CRIME) MYLAPORE CHENNAI-4 4 SUPERINTENDENT OF POLICE THIRUVANNAMALAI DIST THIRUVANNAMALAI

5 DEPUTY SUPERINTENDENT OF POLICE THIRUVANNAMALAI RURAL SUB-DIVISION THIRUVANNAMALAI +1cc to the Government Pleader, S.R.No.44129 W.P.No.41759 of 2006 GSP(06/08/2018)