Madras High CourtWP(MD)/15197/2011dismissed

Hakkeem v. State Of Tamil Nadu

2016-12-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.12.2016 Coram THE HON'BLE MR.JUSTICE M.S. RAMESH Writ Petition (MD)No.15197 of 2011 and M.P.(MD) No. 1 of 2011 HAKKEEM . . .

Petitioner -Vs1 STATE OF TAMIL NADU REP. BY ITS SECRETARY, PUBLIC DEPARTMENT FORT ST. GEORGE, CHENNAI - 9.

2 THE DIRECTOR GENERAL OF POLICE, TAMIL NADU POLICE HEAD QUARTERS, MYLAPORE, CHENNAI.

3 THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

4 THE DISTRICT COLLECTOR MADURAI DISTRICT.

5 MR. KARTHIKEYAN DEPUTY SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION TEAM (SIT), MADURAI CITY, MADURAI.

6 MR. MARI POLICE CONSTABLE, SPECIAL INVESTIGATION TEAM (SIT), MADURAI CITY, MADURAI.

. . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to entrust the investigation of the case in Crime No. 237 of 2011 on the file of the Thirumangalam Taluk Police Station and in particular of petitioner's illegal detention and torture to the Central Bureau of Investigation (CBI). For petitioner :Mr. A. John Vincent For respondents :Mr. T.R. Janarthanan for RR1 to 4, Additional Government Pleader, : Mr. Anwar Sameem for Mr. T. Antony Amalraj for RR5 & 6 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The prayer in the writ petition is for a mandamus for directing the respondents 2 and 3 to entrust the pending investigation in CrimeNo. 237 of 2011 on the file of the Thirumangalam Taluk PoliceStation to the Central Bureau of Investigation (CBI). 2.Pending the writ petition, investigation has been completed, charge-sheet has been laid and the same has been taken on file in C.C.No.03/14 before the Sessions Court Exclusive trial of Bomb Blast Cases, Poonamallee, Chennai.

3.In view of the subsequent development, the prayer sought for transferring the investigation cannot be maintained at this stage. Hence, this writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1 THE SECRETARY, STATE OF TAMIL NADU PUBLIC DEPARTMENT FORT ST. GEORGE, CHENNAI - 9.