S.Sivamurugan vs /
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Madras High Court

S.Sivamurugan vs / on 30 October, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                         W.P.(MD)No.18331 of 2019

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 30.10.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                            W.P.(MD)No.18331 of 2019
                                                     and
                                           W.M.P.(MD)No.14768 of 2019



                     S.Sivamurugan                                           ... Petitioner


                                                        /Vs./


                     1.The Superintendent of Police,
                       Tirunelveli District,
                       Tirunelveli.

                     2.The Deputy Superintendent Of Police (Enquiry Officer),
                       Investigate Unit For Crime Against Women,
                       Perumalpuram,
                       Tirunelveli.                                        ... Respondents




                     PRAYER: Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Mandamus, directing the respondents to defer with the
                     departmental proceedings initiated against the petitioner in view of
                     Charge Memo issued by the 1st respondent in P.R.No.40/2019 U/s.3(b) of

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                               W.P.(MD)No.18331 of 2019

                     Tamil Nadu Police Subordinate Service (D and A) Rules dt.03.05.2019
                     till the conclusion of the Criminal case registered against the petitioner in
                     Cr.No.159/2018 pending on the file of the learned Judicial Magistrate
                     No.IV, Tirunelveli.




                                        For Petitioner    : Mr.G.Thalaimutharasu
                                        For Respondents : Ms.D.Farjana Ghoushia
                                                           Special Government Pleader




                                                           ORDER

The learned counsel appearing for the petitioner submits that the

relief sought for in this writ petition has now become infructuous, in

view of the fact that the criminal appeal filed by the petitioner has been

allowed and the petitioner has been acquitted, in the light of the

judgment passed in the said criminal appeal on 16.03.2023.

2. The prayer in this writ petition was to defer the disciplinary

proceedings to await the outcome of the criminal appeal. Since the

petitioner has achieved the prayer sought for in this writ petition in view

https://www.mhc.tn.gov.in/judis

of the aforesaid fact, nothing survives for further adjudication in this writ

petition. Accordingly, this writ petition is dismissed as infructuous. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                              30.10.2024
                     Index        : Yes / No
                     NCC          : Yes / No
                     Sm


                     TO:

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent Of Police (Enquiry Officer), Investigate Unit For Crime Against Women, Perumalpuram, Tirunelveli.

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

Sm

Order made in

Dated:

30.10.2024

https://www.mhc.tn.gov.in/judis