P.Veerabharathi Party In Person v. The Principal Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.30008 of 2018 and W.M.P.No.35020 of 2018 P.Veera Bharathi

...Petitioner

Vs.

1.The Principal Secretary to Government, Home (Police X) Department, T.N.Government Chief Secretariat, Fort St. George, Chennai 600 009.

2.The Joint Director and Head of Zone, Central Bureau of Investigation (Chennai Zone), III Floor, EVK Sampath Building, College Road, Chennai 600 006.

3.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District 626 101, Tamilnadu.

(In Crime No.99 of 1998) 4.The Superintendent, Central Prison-I, Puzhal, Chennai - 600 066.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in the order G.O.Ms.No.318/Home (Police X) Department/2016 dated 23.03.2016, passed by the 1st respondent and quashing the same as illegal and consequently directing the 1st respondent in their responsibility as "parenspatriae" to conduct a proper investigation through Central Bureau of Investigation by subjecting the petitioner Veera Bharathi s/o.V.Ponniah, aged about 48/2018 years, being confined at Central Prison - I, Puzhal, Chennai bearing L.Ct.No.7209, to scientific lie detector tests in the criminal case in Crime No.99 of 1998 on the file of the 3rd respondent and to proceed further in accordance with law based on the maxim of natural justice "actus curiae neminem gravabit".

For Petitioner : No Appearance For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This matter was posted on 29.03.2019 under the caption "for dismissal" there was no representation on behalf of the petitioner and hence, the matter was adjourned to 05.04.2019 i.e., today.

2.Today, when the matter is called again there is no representation on behalf of the petitioner. It shows that the petitioner is not interested to pursue the matter further. Hence, this court has no other option except to dismiss the same. 3.Accordingly, this Writ Petition is dismissed for default. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rna To 1.The Principal Secretary to Government, Home (Police X) Department, T.N.Government Chief Secretariat, Fort St. George, Chennai 600 009.

2.The Joint Director and Head of Zone, Central Bureau of Investigation (Chennai Zone), III Floor, EVK Sampath Building, College Road, Chennai 600 006.

3.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District 626 101, Tamilnadu.

4.The Superintendent, Central Prison-I, Puzhal, Chennai - 600 066.

5.The Public Prosecutor, High Court, Madras.

W.P.No.30008 of 2018 and W.M.P.No.35020 of 2018 ss(co) nr 08/03/2019