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Madras High CourtWP(MD)/9734/2023dismissed as infructuous

Muhammed Syed Meera. A v. The Superintendent Of Police

2023-06-08Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN A.Muhammed Syed Meera ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Chathirakudi Police Station, Paramakudi Taluk, Ramanathapuram District.

4.Nagarajan, The Sub Inspector of Police, Chathirakudi Police Station, Paramakudi Taluk, Ramanathapuram District.

5.The Regional Transport Officer, Regional Transport Office, Paramakudi Ramanathapuram District.

... Respondent.

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct enquiry on the basis of the representation dated 23.02.2023 and further directing the first respondent to take legal action against the fourth respondent within the time period that may be fixed by this Court.

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petition has been filed directing the respondents 1 to 3 to conduct enquiry on the basis of the representation dated 23.02.2023 and further directing the first respondent to take legal action against the fourth respondent within the time period that may be fixed by this Court.

2. The learned counsel for the petitioner submitted that the fourth respondent has mistakenly registered a false offence against the petitioner's vehicle. Therefore, the petitioner has made a representation to the respondents 1 to 3 to cancel the charges against the petitioner and the same was not considered so far. Therefore, the present petition has been filed.

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3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that based upon the representation given by the petitioner, enquiry was undertaken against the training Sub Inspector of Police. During the course of the enquiry, it was found that the above said charges have been mistakenly made by the above said training Sub Inspector of Police. Therefore, recommendation was made to alter the charges that was framed against the petitioner and also the departmental proceedings have been initiated against the training Sub Inspector of Police. The copy of the proceedings is also produced before this Court.

4. Recording the submission made by the learned Additional Public Prosecutor, nothing survives for further adjudication and hence, this Writ Petition stands dismissed as infructuous. No Costs. 08.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta 3/5

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Chathirakudi Police Station, Paramakudi Taluk, Ramanathapuram District.

4.Nagarajan, The Sub Inspector of Police, Chathirakudi Police Station, Paramakudi Taluk, Ramanathapuram District.

5.The Regional Transport Officer, Regional Transport Office, Paramakudi Ramanathapuram District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J tta Order made in Dated : 08.06.2023 5/5