Madras High CourtWP(MD)/22081/2019withdrawn dismissed

N.Gomatheeshwaran v. The Secretary To The Government

2019-11-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.22081 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.22081 of 2019 N.Gomatheeshwaran ... Petitioner Vs.

1.The Secretary to the Government, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 600 009.

2.The Director General of Police, Tamil Nadu Police Department, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The Superintendant of Police, Tirunelveli District, Tirunelveli.

5.T.Mangayarkarasi, Inspector of Police, (Crime Branch) Tenkasi, Tirunelveli District.

6.S.Murugesh, Sub-Inspector of Police, Kallidaikuruchi Police Station, Kallidaikuruchi, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 1 to 3 to grant prior sanction under Section 197 of Cr.P.C., for filing private complaint as against the respondents 5 and 6 in the light of the petitioner's representation dated 28.08.2019. For Petitioner : Mr.S.R.A.Ramachandran For Respondents : Mr.A.Aanandharaj Additional Public Prosecutor

ORDER

This petition has been filed for a direction to direct the respondents 1 to 3 to grant prior sanction under Section 197 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22081 of 2019 Cr.P.C., for filing private complaint as against the respondents 5 and 6 based on his representation dated 28.08.2019.

2. The learned Additional Public Prosecutor appearing for the respondents would submit that up to the level of Inspector of Police, the sanction under Section 197 Cr.P.C., does not require to prosecute.

3. In the case on hand, the respondents 5 and 6 are working as Inspector of Police and Sub-Inspector of Police, the sanction under Section 197 Cr.P.C., does not require to prosecute against them. 4.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // Sub Assistant Registrar(CS) dss To 1.The Secretary to the Government, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 600 009.

2.The Director General of Police, Tamil Nadu Police Department, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The Superintendant of Police, Tirunelveli District, Tirunelveli.

5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai W.P.(MD)No.22081 of 2019 11.11.2019 VB(04.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2