S.Sivakumari v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Sivakumari ... Petitioner Vs.
1. The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.
2. The Director, Government of Prosecution Department, Tamil Nadu Slum Board Additional Building, 1st Floor, No.5, Kamarajar Salai, Chennai - 600 005.
3. The Superintendent of Police, Villupuram District, Villupuram.
4. The Deputy Superintendent of Police, Gingee Taluk, Villupuram District.
5. The Inspector of Police (Crime), Valathi Police Station, Villupuram District - 604 208.
6. Sambasivam ... Respondents 1/4
Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of Mandamus to the direct the 1st to 5th Respondent to consider the petitioner representation dated 28.08.2023 consequently direct the 5th respondent to close the counter case against the petitioner's family members in Crime No.270 of 2021 under Sections 147, 148, 294(b), 323, 324, 506(i) of IPC in Crime No.270 of 2021 under order 566 Tamil Nadu Police Standing Order as well as to close the complaint under 468 of Criminal Procedure Code- 1973 under limitation aspect. For Petitioner : Mr.T.V.G.Kartheeban For R1 to R5 : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
Writ Petition is filed seeking direction to the 1st to 5th Respondents to close the counter complaint registered in Crime No.270 of 2021 for the offence under Sections 147, 148, 294(b), 323, 324, 506(1) of Indian Penal Code -1860.
2. The learned Government Advocate (Crl. Side) submitted that both the case and case in counter registered in Crime No.270 of 2021 and Crime No.271 of 2021 were investigated. As far as Crime No.271 of 2021, based on the complaint given by the petitioner, final report already 2/4
filed and taken on file in C.C.No.02 of 2023 on the file of the learned Judicial Magistrate, Gingee. Whereas, in respect of the the counter case in Crime No.270 of 2021, final report filed and it is yet to be taken on file.
3. In the light of the above, this Court finds no reason to entertain this petition and if any point of limitation to be agitated, it is open for the petitioner to agitate before the trial Court, where the final report filed.
4. Accordingly, this Writ Petition is dismissed. No costs. 01.11.2023 Index : Yes/No Sma Dr.G.JAYACHANDRAN,J.
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sma To
1. The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.
2. The Director, Government of Prosecution Department, Tamil Nadu Slum Board Additional Building, 1st Floor, No.5, Kamarajar Salai, Chennai - 600 005.
3. The Superintendent of Police, Villupuram District, Villupuram.
4. The Deputy Superintendent of Police, Gingee Taluk, Villupuram District.
5. The Inspector of Police (Crime), Valathi Police Station, Villupuram District - 604 208.
6. The Public Prosecutor, High Court of Madras, Chennai.
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