T.Saththaiya v. The Principal Secretary To The Govt.,
W.P.(MD) No.3652 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.3652 of 2020 and W.M.P(MD)No.3088 of 2020 T.Saththaiya ... Petitioner -vs1.The Principal Secretary to the Government, Home Department, Chennai.
2.The Director General of Police, Police Head Quarters, Beach Road, Chennai.
3.The Deputy Inspector General of Police, South Zone, Officer of the Deputy General, Madurai.
4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
5.The Inspector of Police, Kanikarai Police Station, Ramanathapuram, Ramanathapuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the case in Crime No.166 of 2019, on the file of the Respondent No.5 to entrust the same to the some other investigation officer, under the supervision of third respondent for the purpose of fairness and the sensitivity of the case in the light of the petitioner's representation, dated 29.01.2019 and file the final report before the jurisdictional magistrate, within the time stipulated by this Court.
For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.3652 of 2020
O R D E R
The present writ petition has been filed by the petitioner mainly on the ground that the respondent police has not included the offence under Section 307 IPC along with other major offences against the accused.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the respondent police has completed the investigation and Section 307 IPC is also included. After investigation, final report has been filed before the concerned Court. It will be the domain of the trial Court to frame the appropriate charges on the basis of the materials available on record and the trial Court will proceed.
3. In view of the above, no further order is required and hence, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Principal Secretary to the Government, Home Department, Chennai.
2.The Director General of Police, Police Head Quarters, Beach Road, Chennai.
3.The Deputy Inspector General of Police, South Zone, Officer of the Deputy General, Madurai. 4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
5.The Inspector of Police, Kanikarai Police Station, Ramanathapuram, Ramanathapuram District.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-6638[F] dated 16/02/2022 ) W.P.(MD) No.3652 of 2020 16.02.2022 nsn(CO) TR(28.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2