LAWS(MAD)-2011-7-44

R RAMACHANDRAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On July 14, 2011
R.RAMACHANDRAN Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and order made in W.P.No.19128 of 2011, dated 07.06.2011.

(2.) WE have heard the appellant appearing in person. The appellant/writ petitioner filed the writ petition for a direction upon the first respondent, Principal Secretary to Government of Tamil Nadu, Home Department, to give Rs.1,00,00,000/- to the appellant/writ petitioner from the State consolidated fund to the torts and cruelties and further direct the CBI to investigate the crimes committed against the appellant/writ petitioner.

(3.) THE second respondent filed a counter affidavit in the writ petition inter alia contending that the third respondent gave a complaint on 18.12.2008, which was acknowledged as CSR No.659 of 2008, and the case was registered in Crime No.1262 of 2008 under Section 294(b) and 334 IPC in the Cheyyar Police Station and the complaint given by the appellant was acknowledged as CSR No.658 of 2008, and a case was registered in Crime No.1266 of 2008, under Section 294(b) and 323 IPC and on investigation, it was found to be given as mistake of fact and a final report to the said effect was filed before the Court in RCS No.05 of 2009 and the appellant was also served with the RCS notice. Further investigation revealed that the appellant has committed offences under Section 294(b) and 332 IPC and a charge sheet has been filed before the Sub-Divisional Magistrate-II, Cheyyar in C.C.No.20 of 2009 and eight witnesses have been examined and the prosecution side has been closed. It is further stated that the Court has questioned the appellant/accused under Section 313 CrPC, on the basis of evidence given by the witnesses and the trial has come to the stage of pronouncing judgment and at that stage, in order to drag on the Court proceedings, the appellant has filed the writ petition with false and baseless averments.