Gunamathi, W/O.Dharmarajan, v. State Through The Principal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Gunamathi ... Petitioner Vs.

1.State Through the Principal Secretary, Home Department, State of Tamilnadu, St. Fort George, Chennai.

2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, 4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, 5.The Inspector of Police, Thanjavur East Police Station, Thanjvur District.

6.Jayachandran, Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct Respondent No.1 and 2 to take action against the Respondent No.6, on the basis of the complaint preferred by the petitioner dated 09.12.2017 within the time.

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For Petitioner : Mr.R.Alagumani For R1 to R5 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

The prayer sought for in the present writ petition is to direct Respondents 1 and 2 to take action against the sixth respondent, on the basis of the complaint preferred by the petitioner dated 09.12.2017.

2.Heard both sides.

3.The learned Government Advocate (criminal side) would submit that now the investigation has been completed and final report has been filed before the First Additional District and Sessions Judge, PCR Court, Thanjavur and the same was taken on file as S.S.C.No.89 of 2017 on the file of the learned First Additional District and Sessions Judge, PCR Court, Thanjavur and is pending for trial.

4.In view of the above, the prayer sought for by the petitioner cannot be considered. However, the petitioner is at liberty to invoke Section 319 of Cr.P.C., if any incriminating evidence as against the sixth respondent during the trial. 5.With the above observations, Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary, Home Department, St. Fort George, Chennai.

2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, 2/3

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, 5.The Inspector of Police, Thanjavur East Police Station, Thanjvur District.

6.The First Additional District and Sessions Judge, PCR Court, Thanjavur 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R. ALAGUMANI, Advocate ( SR-85185[F] dated 04/09/2019 ) 03.09.2019 ls JM/20.09.2019/3P/9C 3/3