Madras High CourtWP(MD)/10822/2011dismissed

Subbammal, v. The Secretary

2017-09-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10822 of 2011 and M.P(MD)No.1 of 2011 Subbammal ..Petitioner Vs

1. The Secretary, Home Departmental (Law and Order), Secretariat, St.George Fort, Chennai-9.

2. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Superintendent of Police, Central Bureau of Investigation(CBI), Sasthiri Bhavan, Nungambakkam, Chennai.

4. The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

(Crime No.60 of 2011) ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to transfer the investigation of Crime No.60 of 2011, pending on the file of the fourth respondent to the third respondent..

For Petitioner : M/s.P.Krishnasamy For Respondents : Mr.A.Muthukaruppan Addl. Government Pleader

ORDER

The Petitioner has come up with the present Writ Petition for a direction to transfer the investigation in Crime No.60 of 2011, pending on the file of the fourth respondent to the third respondent.

2.Heard M/s.P.Krishnasamy, learned counsel for the Petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents and perused the materials placed before this Court.

https://hcservices.ecourts.gov.in/hcservices/

3.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents would submit that the occurrence had taken place on 4.5.2011 and based on the complaint of the Petitioner, a case was registered in Crime No.60 of 2011, for the offence under Sections 302 and 307 of IPC. 4.It is further submitted that the fourth respondent after conducting the investigation, filed a final report before the Judicial Magistrate No.I, Srivilliputhur and on committal, the case is numbered as S.C.No.181 of 2013. It is further submitted that the Petitioner's two sons have murdered their younger brother and now the case is posted for trial on 22.09.2017. 5..In view of the above facts, no further adjudication is necessary in this Writ Petition. Accordingly, this Writ Petition stands dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Secretary, Home Departmental (Law and Order), Secretariat, St.George Fort, Chennai-9.

2. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Superintendent of Police, Central Bureau of Investigation(CBI), Sasthiri Bhavan, Nungambakkam, Chennai.

4. The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

+1cc to Spl.Government Pleader Sr.No.76893 VSN VB/SV/MMS/SAR2/25/09/2017/2P/6C W.P(MD)No.10822 of 2011 and M.P(MD)No.1 of 2011 05.09.2017 https://hcservices.ecourts.gov.in/hcservices/