Madras High Court
Rameshkumar vs The Superintendent Of Police on 4 August, 2021
W.A(MD)No.1529 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A(MD)No.1529 of 2021
Rameshkumar ... Appellant / Petitioner
Vs.
1.The Superintendent of Police,
Kanyakumari District,
Nagercoil.
2.The Deputy Superintendent of Police,
CBCID, Kanyakumari District,
Nagercoil.
3.Sridhar ... Respondents / Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 02.12.2020 made in W.P(MD)No.20650 of
2017 on the file of this Court.
For Appellant : Mr.S.Muniyandi
For RR 1 & 2 : Mr.B.Saravanan
Government Advocate
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W.A(MD)No.1529 of 2021
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the order, dated 02.12.2020, passed in
W.P(MD)No.20650 of 2017, the writ petitioner has filed the above
Writ Appeal.
2.The appellant filed the Writ Petition to issue a Writ of
Mandamus, directing the second respondent to investigate the
matter and to take appropriate action as against the third
respondent, who is an Inspector of Police, Pudukadai Police Station,
Kanyakumari District.
3.When the Writ Petition came up for hearing before the
learned Single Judge, the learned Government Advocate (Criminal
Side) filed a counter-affidavit stating that the petitioner is an
accused in Crime No.63 of 2017 on the file of the Pudukadai Police
Station for the offences under Section 8(c) r/w 20(B)(ii)(b) of NDPS
Act. Subsequently, the third respondent has completed the
investigation and also filed a final report and the same has been
taken cognizance in C.C.No.275 of 2017 on the file of the E.C Court,
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W.A(MD)No.1529 of 2021
Madurai for the said offences. Further, the criminal case is pending
for trial. Though the appellant contended that he was illegally
detained by the police officials, in the counter-affidavit filed by the
learned Government Advocate (Criminal Side), it was made clear
that the appellant was arrested and remanded to judicial custody in
Crime No.63 of 2017 and the same is pending for trial in
C.C.No.275 of 2017 on the file of the E.C. Court, Madurai.
Therefore, the detention of the appellant cannot be termed as
illegal.
4.Recording the same, the learned Single Judge has rightly
dismissed the Writ Petition. We do not find any ground to interfere
with the order passed by the learned Single Judge. Accordingly, the
Writ Appeal is dismissed. No costs.
[M.D.,J] [S.A.I.,J.]
04.08.2021
Index :Yes/No
Internet :Yes/No
ps
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1529 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
1.The Superintendent of Police,
Kanyakumari District,
Nagercoil.
2.The Deputy Superintendent of Police,
CBCID, Kanyakumari District,
Nagercoil.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1529 of 2021
M.DURAISWAMY,J.
and
S.ANANTHI,J.
ps
W.A(MD)No.1529 of 2021
04.08.2021
https://www.mhc.tn.gov.in/judis/
