G. Selestine, President v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.14469 of 2013 and M.P.No.1 of 2013 G. Selestine ... Petitioner Vs
1. The State of Tamil Nadu, Rep. by its Secretary, Home Department, Fort St. George, Chennai..
2. The Director General Of Police, Santhome, Chennai.
3. The District Collector, Kanyakumari Dsitrict at Nagercoil..
4. The Superintendent of Police, Kanyakumari Dsitrict at Nagercoil..
5. The Deputy Superintendent of Police, Kanyakumari Sub Division, Kk District.
6. The Inspector of Police, Sucheendram Police Station, Sucheendram, Kanyakumari District.
7. The Joint Director, Central Bureau of Investigation, Sasthiri Bhavan, Chennai..
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent herein to transfer the investigation in Crime No.1061/2011 on the file of the 6th respondent police to the 7th respondent.
For Petitioner : Mr.L.Shaji Chellan For Respondent : Mr.P.Thilakkumar for R1 and R3 Government Pleader Mr.T.Senthilkumar for R2, R4 to R6 Special Government Pleader Mr.Karunanidhi for R7
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner, learned Government Pleader for the respondents 1 and 3, learned Additional Public Prosecutor for the respondents 2, 4 to 6 and the learned Special Public Prosecutor for the respondent No.7.
2. The learned Additional Public Prosecutor submits that the investigation was transferred to CBCID in 2019. After the case was transferred to CBCID, further investigation has been carried out. On 17.11.2023, accused No.9 has been arrested and accused Nos.1 to 3 are hooligans. The learned Additional Public Prosecutor, on instructions, submits that within three months, the investigation would be completed and charge sheet would be filed. We accept the submission made by the learned Additional Public
Prosecutor. In case, the charge sheet is not filed within the reasonable time from now, it will be open for the petitioner to agitate afresh.
3. The writ petition stands disposed of accordingly. However, there is no order as to costs. Consequently connected Miscellaneous Petition is closed.
[S.V.G., .C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No : Yes / No RR
To:
1. The Secretary, Home Department, Fort St. George, Chennai..
2. The Director General Of Police, Santhome, Chennai..
3. The District Collector, Kanyakumari Dsitrict at Nagercoil..
4. The Superintendent of Police, Kanyakumari Dsitrict at Nagercoil..
5. The Deputy Superintendent of Police, Kanyakumari Sub Division, Kk District.
6. The Inspector of Police, Sucheendram Police Station, Sucheendram, Kk District.
7. The Joint Director, Central Bureau of Investigation, Sasthiri Bhavan, Chennai..
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.
RR W.P.(MD)No.14469 of 2013 30.11.2023