Madras High CourtWP(MD)/19631/2014dismissed as infructuous

Vellaiyammal, v. The Principal Secretary To

2019-06-14Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2019

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.19631 of 2014 Vellaiyammal ... Petitioner Vs.

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

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Deputy Inspector General of Police, Trichy Range, Tiruchirappalli.

4.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

5.The Inspector of Police, Manapparai Police Station, Manapparai, Tiruchirappalli District.

6.The Superintendent of Police, Central Bureau of Investigation, Sasthiri Bhawan, Nungambakkam, Chennai.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to transfer the case in Crime No.4 of 2014, on the file of the 5th respondent to the Central Bureau of Investigation to bring out the truth on the murder of the petitioner's grand son Sethuraman based on the petitioner's representation dated 04.09.2014 given to the respondents 1 to 3.

For Petitioner : No appearance For Respondents : Mr.R.Anandharaj Additional Public Prosecutor *****

ORDER

This writ petition has been filed seeking a Writ of Mandamus, directing the respondents 1 to 3 to transfer the investigation in Crime No.4 of 2014, on the file of the 5th respondent to the Central Bureau of Investigation, based on the petitioner's representation dated 04.09.2014.

2.There is no representation for the petitioner. It is submitted that the learned Counsel, who was appearing for the petitioner has now become Additional Government Pleader. 3.The learned Additional Public Prosecutor appearing for the respondents, on instructions from the Sub Inspector of Police, Vaiyampatti Police Station, Trichy District, who was also present before this Court, would submit that the investigation in Crime No.4 of 2014 had already been completed and final report was also filed before the Court concerned and the same was also taken on file in SC No.76 of 2017, for the offence punishable under Sections 364, 120B, 365, 367 and 307 r/w 109 IPC and the case has been posted for trial on 20.06.2019. Hence, no further adjudication is required in this writ petition.

4.Recording the submission made by the learned Additional Public Prosecutor appearing for the respondents, this writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (AE) / True Copy / Sub Assistant Registrar(CS- ) dsk To 1.The Principal Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Deputy Inspector General of Police, Trichy Range, Tiruchirappalli.

4.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

5.The Inspector of Police, Manapparai Police Station, Manapparai, Tiruchirappalli District.

6.The Superintendent of Police, Central Bureau of Investigation, Sasthiri Bhawan, Nungambakkam, Chennai.

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

W.P.(MD)No.19631 of 2014 14.06.2019 ES/04.07.2019/3P/8C