Sri Maha Kaliamman Kovil v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 Sri Maha Kaliamman Kovil Kudisai Valvor Nala Sangam, Represented by its President, S.Chellaiah ... Petitioner vs.
1.The State of Tamil Nadu, Represented by the Home Secretary, Department of Home, Secretariat, St. George Fort, Chennai - 9.
2.The Director of General of Police, O/o.The Director General of Police, Beach Road, Chennai.
1/7
3.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.
4.The Superintendent of Police, CBCID, SIDCO Electronics Complex, Block No.3, First Floor, Guindy Industrial Estate, Chennai - 32.
5.The District Collector, Collectorate, Pudukkottai District.
6.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to transfer the cases in Crime Nos.173 and 174 of 2014 dated 25.05.2014 and in Crime No.187 of 2014 dated 09.06.2014 registered on the file of the sixth respondent to the fourth respondent for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court.
2/7
For Petitioner : Mr.S.Rajasekar For Respondent Nos.1 & 5 : Mr.T.Amjadkhan Government Advocate For Respondent Nos.2 to 4 & 6 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the third respondent to transfer the cases in Crime Nos.173 and 174 of 2014 dated 25.05.2014 and in Crime No.187 of 2014 dated 09.06.2014 registered on the file of the sixth respondent to the fourth respondent for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court.
2.When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 2 to 4 & 6 would submit that the charge sheet relating to the case in Crime No.174 of 2014 has been taken on file in P.R.C.No.01 of 2015 and subsequently, the case 3/7
has been committed before the Court of Sessions and taken on file in S.C.No.21 of 2015 and after due trial, the trial Court acquitted the accused person, by order dated 20.02.2018 and the charge sheet relating to the case in Crime No.187 of 2014 has been taken on file in S.C.No.225 of 2017 and after due trial, the trial Court acquitted the accused person, by order dated 29.08.2023.
3.Further, charge sheet relating to Crime No.173 of 2014 was taken on file in P.R.C.No.07 of 2019 and subsequently, committed before SC/ST (Prevention of Atrocities) Special Court at Pudukkottai and the same has been taken on file in Spl.S.C.No.35 of 2019, dated 17.10.2019 and the case was adjourned to 18.01.2024 for argument. 4.The learned Additional Public Prosecutor appearing for the respondents 2 to 4 & 6 would submit that out of three cases, the trial of two cases have been completed and both the cases were disposed of by the trial Court and the charge sheet relating to Crime No.173 of 2014 was taken on file and the same is pending consideration.
4/7
5.The said submission of the learned Additional Public Prosecutor is not refuted by the learned counsel for the petitioner. 6.In the light of the specific stand taken by the respondents 2 to 4 & 6, no further adjudication is required in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K.,J.] [R.V.,J.] 24.01.2024 NCC : Yes / No Index : Yes / No ps To 1.The Home Secretary, Department of Home, Secretariat, St. George Fort, Chennai - 9.
2.The Director of General of Police, O/o.The Director General of Police, Beach Road, Chennai.
3.The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District.
5/7
4.The Superintendent of Police, CBCID, SIDCO Electronics Complex, Block No.3, First Floor, Guindy Industrial Estate, Chennai - 32.
5.The District Collector, Collectorate, Pudukkottai District.
6.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
6/7
D. KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN DATED : 24.01.2024 7/7