Madras High CourtWP(MD)/8243/2011dismissed

G.Ahila Rajan v. State Of Tamilnadu

2015-10-26Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.8243 of 2011 G.Ahila Rajan ... Petitioner Vs.

1.State of Tamil Nadu represented by the Secretary to Home Department, Secretariat, Chennai 600 009.

2.The Additional Director General of Police, Crime Branch CID, No.3, SIDCO, Electronic Complex, First Floor, Guindy, Chennai 32.

3.The Deputy Superintendent of Police, Crime Branch CID, Mannarpuram, Trichy 4.M.Palaniyandi 5.K.Subramaniyan (R-5 impleaded as per order dated 15.09.2015 in M.P(MD)No.1 of 2012) ...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to entrust to a competent police officer not below the rank of a Deputy Superintendent of Police and investigate the case in Crime No.220 of 2007 on the file of the Somarasampettai Police Station, Trichy and pending trial in S.C.No. 6 of 2009 before the I Additional Sessions Court, Trichy.

For Petitioner : Mr.P.Rathinam For Respondents 1-3 :Mr.N.Manoharan, Special Government Pleader.

For 4th Respondent : Mr.V.Ellanchezian For 5th Respondent : Mr.M.Saravanan

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 and 2 to entrust the investigation to a competent police officer not below the rank of a Deputy Superintendent of Police and investigate the case in Crime No.220 of 2007 on the file of the Somarasampettai Police Station, Trichy. https://hcservices.ecourts.gov.in/hcservices/ 2.According to the petitioner, the investigation has not been properly conducted and therefore, the petitioner has approached this

Court by way of this pro bono publico.

3.Pursuant to the notice issued by this Court, the third respondent has filed a counter affidavit stating that based on the nature of allegations, the case was transferred to CBCID and investigation was over and the case was also taken on file in S.C.No.6 of 2009 on the file of the I Additional District Judge (PCR) Tiruchirapalli. 4.In view of the above, we find no justification to issue any further direction in this matter. Hence, the writ petition is dismissed and the order of interim stay granted on 22.07.2011 shall stand vacated. No costs. Consequently, M.P(MD)Nos.1 to 3 of 2011 are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

sms To 1.The Secretary to Home Department, State of Tamil Nadu Secretariat, Chennai 600 009.

2.The Additional Director General of Police, Crime Branch CID, No.3, SIDCO, Electronic Complex, First Floor, Guindy, Chennai 32.

3.The Deputy Superintendent of Police, Crime Branch CID, Mannarpuram, Trichy +one cc to Mr.R.Subramanian, Advocate in SR.No.62588 +one cc to The Special Government Pleader in SR.No. 62551 Writ Petition (MD) No.8243 of 2011 26.10.2015 CSL/MGM-SS/16.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/