Madras High Court
R.Shankar vs The State Of Tamil Nadu on 10 March, 2022
W.A(MD)No.163 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A(MD)No.163 of 2022
R.Shankar :Appellant/Petitioner
.vs.
1.The State of Tamil Nadu,
Represented by its Chief Secretary,
Chief Secretariat,
Chennai – 600 009.
2.Additional Chief Secretary,
Tamilnadu Government,
Chief Secretariat,
Chennai – 600 009.
3.The Director General of Police,
Tamilnadu Police,
Dr.Radhakrishnan Road,
Mylapore,
Chennai.
4.Mr.Harikrishnan,
Inspector of Police,
Thiruvattary Police Station,
Kanyakumari District. : Respondents/Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.163 of 2022
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order dated 12.11.2021 passed in
W.P(MD)No.15927 of 2020 on the file of this Court by allowing this writ
appeal and consequently, direct the respondent Nos.1 to 3 to take
appropriate disciplinary action against the erred police officials who has
implicated the appellant herein into false case and the appellant may be
awarded compensation of Rupees 50 lakhs for implicating him into false
case by the erred police officials.
For Appellant :Mr.K.Raghul Priyan
JUDGMENT
*************
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
The writ petition filed by the petitioner seeking
compensation for malicious prosecution has been dismissed by the Writ
Court on the ground that the petitioner has not been diligent in
cooperating with the Court for completion of trial in C.C.No.964 of 2018
on the file of the learned Judicial Magistrate No.II, Padmanabhapuram.
2. It is seen that the said Calendar Case has been kept pending for
nearly four years without any progress because of the non-cooperation of
the appellant. It is also seen that the appellant is an accused in almost
25 cases.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.163 of 2022
3. The learned counsel for the appellant would vehemently contend
that the fact that the appellant was in prison on the date of occurrence is
proved beyond doubt and therefore, the prosecution itself is malicious.
4. The fact that the prosecution is malicious prosecution and the
appellant is entitled to compensation for malicious prosecution is to be
considered only upon acquittal of the appellant in the said criminal case.
Pending criminal case, this Court cannot go into the question as to
whether the prosecution is malicious or not.
5. In view of the same, we do not find any error in the dismissal of
the writ petition. The Writ Appeal is therefore dismissed. In the event
the criminal Court finds that the prosecution is malicious, it is open to the
appellant to seek compensation and dismissal of the writ petition will not
stand in the way.
[R.S.M.,J.] [N.S.K.,J.]
10.03.2022
Index:Yes/No
Internet:Yes/No
pm
https://www.mhc.tn.gov.in/judis
W.A(MD)No.163 of 2022
To
1.The Chief Secretary,
State of Tamil Nadu,
Chief Secretariat,
Chennai – 600 009.
2.Additional Chief Secretary,
Tamilnadu Government,
Chief Secretariat,
Chennai – 600 009.
3.The Director General of Police,
Tamilnadu Police,
Dr.Radhakrishnan Road,
Mylapore,
Chennai.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.163 of 2022
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
pm
JUDGMENT MADE IN
W.A(MD)No.163 of 2022
10.03.2022
https://www.mhc.tn.gov.in/judis
