Madras High CourtCRL OP/24621/2022disposed of

W.Gowsalya v. The District Collector

2022-10-19Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.OP.No.24621 of 2022 W.Gowsalya

...Petitioner

/vs/ 1.The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.

2.The Deputy Commissioner of Police, Nungambakkam, Chennai 600 034.

3.The State Represented by Inspector of Police, W-1, AWPS, Thousand Lights Police Station, Chennai - 600 002.

... Respondents Prayer : The Criminal Original Petition has been filed under Section 482 of Cr.P.C to direct the 1st respondent to appoint eminent advocate Mr.R.Sankarasubbu, Chennai as Special Public Prosecutor (SPP) to conduct the prosecution in the Spl.S.C.No.2 of 2022 pending before the Principal District and Sessions Court cum Special Court for SC/ST Cases, Chennai.

For Petitioner ... Mr.C.Prabhu For Respondents ... Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to appoint eminent advocate Mr.R.Sankarasubbu, Chennai, as Special Public Prosecutor (SPP) to conduct the prosecution in the Spl.S.C.No.2 of 2022 pending before the Principal District and Sessions Court-cum-Special Court for SC/ST Cases, Chennai.

2. The learned counsel for the petitioner has submitted that though the petitioner gave representations on 22.08.2022 and 16.09.2022 to the first respondent to appoint Advocate Mr.R.Sankarasubbu to conduct the prosecution in the Spl.S.C.No.2 of 2022 pending before the Principal District and Sessions Court-cum-Special Court for SC/ST Cases, Villupuram, the same has not been considered so far. Hence, the present petition.

3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 has submitted that the alleged representations of the petitioner dated 22.08.2022 and 16.09.2022 are not available with the 1st respondent and if fresh representation is given, the first respondent is ready to consider the same.

4. Recording the same, the petitioner is hereby directed to give a fresh representation to the 1st respondent and on receiving the same, the 1st respondent is hereby directed to consider the same, on own merits and take action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. No costs.

Index : Yes/No 19.10.2022 Internet : Yes/No gv Note: Issue order copy on or before 28.10.2022

V.SIVAGNANAM ,J.

gv To 1.The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.

2.The Deputy Commissioner of Police, Nungambakkam, Chennai 600 034.

Crl.OP.No.24621 of 2022 3.The State Represented by Inspector of Police, W-1, AWPS, Thousand Lights Police Station, Chennai - 600 002.

4.The Public Prosecutor, High Court, Madras.

19.10.2022