Madras High CourtWP(MD)/26789/2023disposed of

Nalladurai v. The State Of Tamil Nadu

2023-11-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.26789 of 2023 Nalladurai ... Petitioner Vs.

1. The State of Tamil Nadu Rep by Additional Chief Secretary Home Department (Court Iv), Secretariat, Chennai - 9.

2. The Director General of Police, Chennai - 4.

3 The Inspector of Police Pandanallur Police Station, Thanjavur District.

4 The Inspector of Police Ammapet Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 4 to drop the prosecution in Cr.No.139/2017 and Cr.No97/2018 on the file of the 3rd respondent police and Cr.No.56/2018 on the file of the 4th respondent police as per the G.O.Ms.No. 368 Home (Courts-IV) Department dated 4.9.2021 within stipulated time as may be 1/4

fixed by this Court.

For Petitioner : Mr.T.Augustine Ebenezer For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus, directing the respondents 2 to 4 to drop the prosecution in Cr.No.139/2017 and Cr.No97/2018 on the file of the 3rd respondent police and Cr.No.56/2018 on the file of the 4th respondent police as per the G.O.Ms.No.368, Home (Courts-IV) Department, dated 04.09.2021, within stipulated time as may be fixed by this Court. 2.Relying upon G.O.Ms.No.368, Home (Courts-IV) Department, dated 04.09.2021, this petition has been filed to drop the prosecution in Cr.No.139/2017 and Cr.No97/2018 on the file of the 3rd respondent police and Cr.No.56/2018 on the file of the 4th respondent police. No mandamus was lie for such purpose. If the petitioner wants to quash the above said proceedings, he can very well file proper petition. 2/4

3.With the above said liberty, this writ petition stands disposed of without discussing the merits of the matter. No costs. 29.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To

1. The Additional Chief Secretary Home Department (Court Iv), Secretariat, Chennai - 9.

2. The Director General of Police, Chennai - 4.

3 The Inspector of Police Pandanallur Police Station, Thanjavur District.

4 The Inspector of Police Ammapet Police Station, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J TM Order made in Dated 29.11.2023 4/4