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Madras High CourtWP(MD)/18331/2019dismissed as infructuous

S.Sivamurugan v. The Superintetndent Of Police

2024-10-30Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.14768 of 2019 S.Sivamurugan ... Petitioner /Vs./ 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent Of Police (Enquiry Officer), Investigate Unit For Crime Against Women, Perumalpuram, Tirunelveli.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to defer with the departmental proceedings initiated against the petitioner in view of Charge Memo issued by the 1st respondent in P.R.No.40/2019 U/s.3(b) of 1/4

Tamil Nadu Police Subordinate Service (D and A) Rules dt.03.05.2019 till the conclusion of the Criminal case registered against the petitioner in Cr.No.159/2018 pending on the file of the learned Judicial Magistrate No.IV, Tirunelveli.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

The learned counsel appearing for the petitioner submits that the relief sought for in this writ petition has now become infructuous, in view of the fact that the criminal appeal filed by the petitioner has been allowed and the petitioner has been acquitted, in the light of the judgment passed in the said criminal appeal on 16.03.2023.

2. The prayer in this writ petition was to defer the disciplinary proceedings to await the outcome of the criminal appeal. Since the petitioner has achieved the prayer sought for in this writ petition in view 2/4

of the aforesaid fact, nothing survives for further adjudication in this writ petition. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2024 Index : Yes / No NCC : Yes / No Sm TO:

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent Of Police (Enquiry Officer), Investigate Unit For Crime Against Women, Perumalpuram, Tirunelveli.

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ABDUL QUDDHOSE, J.

Sm Order made in Dated:

30.10.2024 4/4