Esakki Sankari v. The Secretary To The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) Nos.15074, 16599 and 25797 of 2022 in W.M.P(MD).No.12020 of 2022 Esakki Sankari ... Petitioner in W.P(MD).No.15074 of 2022 Madasamy ... Petitioner in W.P(MD).Nos.16599 and 25797 of 2022 Vs.
1.The Secretary to the Government of Tamil Nadu Home Department, Fort.St.George, Chennai.
2.The Superintendent of Police, CBCID, Chennai.
3.The Inspector of Police, CBCID, Palayamkottai, Tirunelveli.
4.The Joint Director, Central Bureau of Investigation, Shasthri Bhavan, Chennai.
... Respondents in W.P(MD).No.15074 of 2022
1.The Secretary to the Government of Tamil Nadu Home Department, Fort.St.George, Chennai.
2.The Director General of Police, Chennai.
3.The Superintendent of Police, CBCID, Chennai.
4.The Inspector of Police, CBCID, Palayamkottai, Tirunelveli.
5.The Joint Director, Central Bureau of Investigation, Shasthri Bhavan, Chennai.
... Respondents in W.P(MD).No.16599 of 2022 1.The Home Secretary of the Government of Tamil Nadu, Secretariat, Fort. St George, Chennai.
2.The Director General of Police, Chennai.
3.The Superintendent of Police, Tirunelveli District, Tirunelveli.
4.The Deputy Superintendent of Police, Special Investigation Wing, CBCID, Madurai ... Respondents in W.P(MD).No.25797 of 2022 Prayer in W.P(MD).No.15074 of 2022 :- Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to withdraw the investigation
of the case registered in Crime No.41 of 2018 and transfer the same to the fourth respondent herein for the purpose of taking appropriate effective and expeditious investigation of the same. Prayer in W.P(MD).No.16599 of 2022 :- Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fourth respondent to withdraw the investigation of the case registered in Crime No.42 of 2018 and transfer the same to the fifth respondent herein for the purpose of taking appropriate effective and expeditious investigation of the same.
Prayer in W.P(MD).No.25797 of 2022 :- Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent herein to pay a sum of Rs.50,00 lakhs as compensation to the legal heirs and defendant of the deceased Manickaraja, based on the petitioner's representation dated 18.10.2022, within the time stipulated by this Court.
For Petitioners : Mr.V.Maharajan (in all W.Ps) Respondents in W.P(MD).No.15074 of 2022 For R1 to R3 : Mr.S.Ravi Additional Public Prosecutor For R4 : Mr.Mohideen Basha Special Public Prosecutor Respondents in W.P(MD).No.16599 of 2022 For R1 to R4 : Mr.S.Ravi Additional Public Prosecutor For R5 : Mr.Mohideen Basha Special Public Prosecutor
Respondents in W.P(MD).No.25797 of 2022 For Respondents : Mr.S.Ravi Additional Public Prosecutor COMMON ORDER These writ petition has been filed seeking direction to the fourth respondent to withdraw the investigation of the case registered in Crime Nos.41 and 42 of 2018 and transfer the same to the fifth respondent herein for the purpose of taking appropriate effective and expeditious investigation of the same.
2. The case of the prosecution is that on 26.03.2018, the police officials brutally attacked one Murugesan and Manickaraj. Due to such severe beating, both of them died. Therefore, the petitioners sent a detailed representation to the Deputy Superintendent of Police, even then, a proper enquiry has not been done. Therefore, the petitioners approached this Court seeking transfer of investigation in W.P(MD).No. 14516 of 2018 and the same was allowed. In the above said crime several higher officials are included. Therefore, the third respondent police could not able to conduct the investigation as expeditiously as possible. Hence, the present petitions have been filed.
3 Today, when the matters are taken up for hearing, the learned Additional Public Prosecutor would submit that in respect of the Crime Nos.41 and 42 of 2018, the positive final report has been filed by the CBCID before the learned Judicial Magistrate-I, Tirunelveli and the same was posted on 15.04.2024 for committal proceedings.
4. In view of the above submission, these Writ Petitions are closed. Consequently, the connected miscellaneous petition is closed. 02.04.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No tta
To 1.Home Department, Government of Tamil Nadu Fort.St.George, Chennai.
2.The Director General of Police, Chennai.
3.The Superintendent of Police, CBCID, Chennai.
4.The Inspector of Police, CBCID, Palayamkottai, Tirunelveli.
5.The Joint Director, Central Bureau of Investigation, Shasthri Bhavan, Chennai.
K.K.RAMAKRISHNAN,J., tta W.P.(MD) Nos.15074, 16599 and 25797 of 2022 in W.M.P(MD).No.12020 of 2022 Dated: 02.04.2024