THIRUVENKADAM Vs. SECRETARY TO GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to challenge an order of the second respondent, Superintendent of Police, Madurai District in refusing to consider the case for sanction of prosecution against the third respondent, who was functioning as superintendent of Police at Ngapattinam.

(2.) THE petitioner sent a representation to the Chief Minister's grievance cell seeking permission to prosecute the third respondent for having foisted a false case against him. THE said letter was sent to the Home Department, which was again forwarded to the Director General of Police asking him to send a suitable reply to the petitioner. THE said petition was in turn forwarded to the second respondent and it was replied to by a reply dated 21.04.2006. It is this order which is under challenge in this writ petition.

(3.) AS against the judgment of conviction in C.C.No.16 of 2003, he preferred appeal before the Additional District Fast Track Court in C.A.No.210 of 2003 and the same was allowed and he was acquitted on 15.06.2004. The complaint given by his daughter-in-law was that while she was returning back from her job, the petitioner has misbehaved with her and outraged her modesty. The appellate Court gave a finding that the complaint itself was written by one Sethuraman, his daughter-in-law's paramour and the said Sethuraman is a friend of third respondent. Therefore, since the third respondent was behind the false complaint, he wanted to prosecute the third respondent for which sanction is required and against the refusal of sanction, the petitioner is before this Court.