Madras High Court
G.Vijaya vs The Home Secretary Home Department on 8 August, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD)SR.No.28831 of 2024
in
W.P.(MD)No.8612 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)SR.No.28831 of 2024
in
W.P.(MD)No.8612 of 2024
G.Vijaya ... Appellant / Petitioner
-vs-
1.The Home Secretary Home Department,
Government of Tamilnadu,
Secretariat,
Chennai-09.
2.The Director General of Police,
Office of the DGP,
Dr.Radhakrishnan Salai,
Mylapore, Chennai-05.
3.The Director General of Police,
O/o.Director General of Police (DGP),
Crime Branch Crime Investigation
Department (CBCID),
No.220, Pantheon Road,
Egmore, Chennai-8.
4.The Superintendent of Police,
Pudukottai District,
Pudukottai.
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W.A.(MD)SR.No.28831 of 2024
in
W.P.(MD)No.8612 of 2024
5.The Inspector of Police,
Manamelkudi Police Station,
Pudukottai District.
6.The District Collector,
Pudukottai District.
Pudukottai.
7.The Chief Medical Officer,
Government Hospital,
Pudukottai,
Pudukottai District. ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
the order made in W.P.(MD)No.8612 of 2024 dated 05.04.2024.
For Appellant : Mr.A.D.Ganeshamoorthi
For Respondents : Mr.S.P.Maharajan,
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The appeal is posted for maintainability.
1. The petitioner seeks to challenge the order passed in W.P.(MD)No.
8612 of 2024.
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3. The prayer of the writ petition reads as follows:
“To issue a Writ of Mandamus, directing the respondents 1
to 4 to entrust the investigation of pending case in Crime No.70 of
2024 dated 27.03.2024 on the file of the 5th respondent Police
Station to the 3rd respondent officer for a fair and impartial
investigation and to direct the 3rd respondent to file periodic report
to this Court on the progress made in the investigation and to
direct the 6th respondent to grant Rupees One Crore as a
compensation to the petitioner within the time limit that may be
stipulated by this Court.”
4. There can be no doubt that the prayer is criminal in nature and
the learned Single Judge and the Writ Court had exercised the criminal
jurisdiction, while disposing of the writ petition. It is settled law that the
orders passed by the High Court in exercise of Jurisdiction under Article
226 or in exercise of the Criminal Jurisdiction under Article 226 of the
Constitution of India are not panel and no LPA lies against the same. The
learned counsel for the petitioner would however, rely upon the judgment
of the Division Bench of this Court dated 27.04.2017, made in W.A.
(MD)No.424 of 2017, wherein the appeal was entertained against an order
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passed in exercise of criminal jurisdiction. We find that the question of
maintainability of appeal was not raised before the Division Bench which
decided W.A.(MD)No.424 of 2017, we see no discussion on this aspect.
However, in the case of Ram Kishan Fauji .vs. State of Haryana
reported in 2017 (5) SCC 533, the Hon'ble Supreme Court had made it
clear that if the proceeding, nature and relief sought pertain to anything
connected with criminal jurisdiction intra Court / LPA would not lie.
5. In view of the said clear pronouncement of the judgment of the
Hon'ble Supreme Court, we cannot entertain it. The appeal therefore
stands rejected in the SR stage itself.
[R.S.M., J.] [L.V.G., J.]
08.08.2024
NCC :Yes/No
Index :Yes/No
Mrn/Sml
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To
1.The Home Secretary Home Department,
Government of Tamilnadu,
Secretariat,
Chennai-09.
2.The Director General of Police,
Office of the DGP,
Dr.Radhakrishnan Salai,
Mylapore, Chennai-05.
3.The Director General of Police,
O/o.Director General of Police (DGP),
Crime Branch Crime Investigation
Department (CBCID),
No.220, Pantheon Road,
Egmore, Chennai-8.
4.The Superintendent of Police,
Pudukottai District,
Pudukottai.
5.The Inspector of Police,
Manamelkudi Police Station,
Pudukottai District.
6.The District Collector,
Pudukottai District.
Pudukottai.
7.The Chief Medical Officer,
Government Hospital,
Pudukottai,
Pudukottai District.
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in
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Mrn / Sml
in
08.08.2024
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