The High Court of Madras dismissed a writ appeal filed against an order quashing criminal charges. The court held that the appeal had become infructuous because the appellant died, causing the framed charges to abate.
The writ appeal was dismissed as infructuous with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2018
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH
W.A.No.1028 of 2010 and M.P.Nos.1 of 2010 and 1 of 2012 and C.M.P.Nos.17675 to 17677 of 2017
S.Gunasekaran .. Appellant
Vs
1.The Director General of Police,
Mylapore, Chennai - 4.
2.The Deputy Commissioner of
Police (Head Quarters),
Chennai Suburban Police,
Chennai - 16.
3.The Superintendent of Police,
Perambalur District,
Perambalur.
Appeal preferred under Clause XV of Letters Patent against the order dated 30.03.2010 in W.P.No.6185 of 2010.
Prayer in WP.No.6185/2010:Writ petition filed under Article 226 of Constitution of India praying to call for the records relating to the impugned order passed by the 1st respondent in P.R. No.33/2008 u/r 17(b) dt 22.8.2008 and the letter issued by the 1st respondent in RC. No. 161798/GBV(2)/2008 dt 18.2.2010 and quash the same.
For Appellant .. Mr.M.Ravi For Respondents.. Mr.N.Sakthivel, Addl. Govt. Pleader
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This writ appeal is directed against the order dated 30.03.2010 made in W.P.No.6185 of 2010.
2.After hearing the arguments, the matter stands posted today under the caption 'for pronouncing orders'. At this point of time, learned Additional Government Pleader produced a copy of the Government Order in G.O.Ms.No.341 Home (Police 2) Department dated 21.05.2018, in which, it has been stated that the charges framed got abated in view of the death of the appellant.
3.In such view of the matter, nothing survives for adjudication in this writ appeal and the same stands dismissed as infructuous. No costs. Consequently connected miscellaneous petitions are closed. Sd/-Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Director General of Police, Mylapore, Chennai - 4. 2.The Deputy Commissioner of Police (Head Quarters), Chennai Suburban Police, Chennai - 16. 3.The Superintendent of Police, Perambalur District, Perambalur. 4.The Inspector of Police, Mangalmedu Police Station, Perambalur District. +1cc to Government Pleader SR.No.37910 MG(CO) sm:19.6.2018
W.A.No.1028 of 2010
S.Gunasekaran
The Director General of Police, Mylapore, Chennai
The Deputy Commissioner of Police (Head Quarters), Chennai Suburban Police
The Superintendent of Police, Perambalur District
The Inspector of Police, Mangalmedu Police Station
M.M.SUNDRESH
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
