Madras High CourtWP(MD)/2662/2020dismissed

Shanmugapriya v. The State Of Tamil Nadu

2020-03-17Honourable Mr Justice G.R.Swaminathan3 pages

1 W.P.(MD)NO.2662 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2662 of 2020 Shanmugapriya ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Director General of Police, Police Head Quarters, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

3. The Additional Director General of Police, C.B.C.I.D., SIDCO Electronic Complex, Block No.3, First Floor, Guindy Industrial Estate, Chennai - 34.

4. The Inspector General of Police, South Zone, Race Course Road, Madurai - 2.

5. The District Collector, Sivagangai, Sivagangai District.

6. The Superintendent of Police, Sivagangai District, Sivagangai.

7. The Deputy Superintendent of Police, Karaikudi, 1/4

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8. The Inspector of Police, South police station, Karaikudi,

9. Thavamani ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to accord appropriate necessary prior sanction to prosecute against the ninth respondent herein by the petitioner by filing private complaint on the basis of the representation of the petitioner dated 23.01.2020 within a stipulated time fixed by this Court.

For Petitioner : Mr.S.Muthukumar For Respondents : M/s.A. Robinson Government Advocate(Crl. Side).

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O R D E R

The petitioner alleges that she was attacked by the ninth respondent. Therefore, she wants to file a private complaint against him. The petitioner requests prior sanction to prosecute the ninth respondent.

2. The ninth respondent is not holding any office removable by the Government. Therefore, Section 197 of Cr.P.C. has no application whatsoever. Therefore, this petition is misconceived.

3. With this observation, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2020 Sub Assistant Registrar(CS) Pmu To:

1. The Principal Secretary to Government, Home Department, Fort St. George, Secretariat, Chennai - 600 009.

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3 W.P.(MD)NO.2662 OF 2020

2. The Director General of Police, Police Head Quarters, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

3. The Additional Director General of Police, C.B.C.I.D., SIDCO Electronic Complex, Block No.3, First Floor, Guindy Industrial Estate, Chennai - 34.

4. The Inspector General of Police, South Zone,Race Course Road, Madurai - 2.

5. The District Collector, Sivagangai, Sivagangai District.

6. The Superintendent of Police, Sivagangai District, Sivagangai.

7. The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

8. The Inspector of Police, South police station,Karaikudi, +1 CC to M/s.S.MUTHUKUMAR, Advocate ( SR-12297[F] dated 18/03/2020 ) W.P.(MD)No.2662 of 2020 17.03.2020 PU(08/05/2020) 3P 10C 3/4