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Madras High CourtWP(MD)/11104/2020closed

P.Rathinam v. State Of Tamil Nadu

2020-11-09Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Ninth day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN AND The Hon`ble Mr.Justice B.PUGALENDHI P.Rathinam ... Petitioner Vs 1 State of Tamil Nadu Rep. by Secretary, Home Department Secretariat, Chennai-09 2 The Director General of Police, Tamil Nadu Government, Police Head Quarters, Chennai-600 004 3 The Dean, Government Medical College Pudukottai 4 The District Collector, 5 The Superintendent of Police 6 The Inspector of Police Ulagambatti Police Station Thiruppathur Tk.

Sivagangai District 7 A.Sethuraj Sub-Inspector of Police (Transferred to Armed Police from Poolankurichi Police Station) Sivagangai ... Respondents Prayer :-Writ Petition filed under Article 226 of the Constitution of India praying to issue writ of Mandamus .- (a) Directing the 1st respondent to pay fair and just amount of compensation for the mental agony and sufferings experienced by Mr.Senthil S/o.Singaram and Mrs.Priyadharshini W/o.Senthil, Poolankurichi Village, Thiruppathur Taluk, Sivagangai District due to the failure of the officials such as the Home Secretary, District Collector of

Sivagangai District, the Superintendent of Police Sivagangai District and the Sub-Inspector of Police Poolankurichi Police station even after the efforts were made by former learned Judge Mr.A.Selvam of the Honourable High Court of Madras. (b) Directing the respondents No.2 and 5 to ensure that the investigation in Crime No.84 of 2020 pending on the file of Pollankurichi Police Station is handed over to the competent officer of the District Crime Branch. ORDER:- This Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. P.Rathinam, Party in person and of Thiru.K.Chella Pandian Additional Advocate General assisted by Thiru,M.

Muthugeethaiyan, Special Government Pleader for the respondents, this Court made the following order: As per order of this Court, dated 30.09.2020, a charge sheet, as against the Accused Nos.1, 3 and 4, has been filed by the sixth respondent in Cr.No.84 of 2020 and a final report has also been filed before the Judicial Magistrate Court, Thirupathur and the same has been taken on file in C.C.No.76 of 2020 and the case is adjourned to 10.12.2020. As far as the charge as against the juvenile accused viz., A.2 is concerned in Cr.No.84 of 2020, it has to be taken on file in J.C.No.90 of 2020, on the file of the Juvenile Justice Court and the case is adjourned to 04.12.2020.

2. In view of the above, the order of this Court dated 30.09.2020 has been complied with. Hence, no further order is required in this matter.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1.The Secretary to Government, Home Department, Secretariat Chennai-09

2. The Director General of Police, Tamil Nadu Government Police Head Quarters, Chennai-004

3. The Dean, Government Medical College, Pudukottai

4. The District Collector

5. The Superintendent of Police

6. The Inspector of Police Ulagambatti Police Station Thiruppathur Tk.

Sivagangai District Copy to 1.The Principal District and Sessions Judge, Sivagangai 2.The Chief Judicial Magistrate, Sivagangai 3.The Judicial Magistrate, Thirupatthur, Sivagangai +1 CC to P.Rathinam, Party in Person, Sr.No.21875 ORDER DATED : 09/11/2020 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

KM(CO) AP(23/11/2020) 3P 11C