Sakthivel v. State Of Tamil Nadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL Sakthivel ... Petitioner Vs
1. State of Tamil Nadu Rep By, The Superintendent of Police, Office of the Superintendent of Police, Karur, Karur District.
2. The Inspector of Police, K.Paramathi Police Station, Karur District.
(Crime No. 115/2022).
3. The Nodal Officer, Vodafone Idea Ltd, Psa Fort, Plot No. A1, A2 and B, Nehru Nagar 1st Main Road, Mahabalipuram Road, Perungudi, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's objection before granting 1/5
permission by considering the petitioner's representation dated 07.02.2025 within a time stipulated by this Court. For Petitioner : Mr.Dhilipan Pandian R L, For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking a direction to the third respondent to consider the petitioner's objection before granting permission by considering the petitioner's representation dated 07.02.2025.
2.According to the petitioner, he is the first accused in this case and he already sent the representation, dated 07.02.2025 to the respondents to preserve the call details of Phone Nos.7639283925, 9787960753 and 9003635299 for the period from 01.09.2022 to 30.09.2022 for the trial proceedings pending in S.C.No.56 of 2023, on the file of the learned Principal District Judge, Karur, but the same has not been considered. Hence this petition has been filed. 2/5
3.The learned Additional Public Prosecutor appearing for the respondent police would submit that already the investigation has been completed and the case is pending before the learned Principal District Judge, karur in S.C.No.56 of 2023. Therefore, the prayer sought for by the petitioner cannot be considered. Therefore, this petition is liable to be dismissed.
4.Heard both sides and perused the records.
5.The petitioner has sent the representation on 07.02.2025 that too after completion of investigation. Now, the case is posted for examination of witnesses. The petitioner has not taken any immediate step to preserve the call details of the said persons. However, since the second respondent has admitted that the petitioner's representation is pending, it is for the second respondent to consider and dispose of the petitioner's representation in the manner known to law. 6.Therefore, the second respondent is directed to dispose of the petitioner's representation, within a period of one week, from the date of 3/5
receipt of this order, in accordance with law. 7.With the above direction, this Writ Petition is disposed of. 25.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To
1. State of Tamil Nadu Rep By, The Superintendent of Police, Office of the Superintendent of Police, Karur, Karur District.
2. The Inspector of Police, K.Paramathi Police Station, Karur District.
(Crime No. 115/2022).
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
P.DHANABAL , J.
LR 25.02.2025 5/5