HASAN AMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for a direction to the first respondent State of Tamilnadu to appoint Mr.C.M.Arumugam, practicing Advocate at Madurai, as Special Public Prosecutor in P.R.C.No.58 of 2009 pending before the Judicial Magistrate, Tenkasi in Crime No.391 of 2006 investigated by the second respondent Deputy Superintendent of Police.

(2.) NOTICE was issued to the respondents on 19.01.2011. On notice from this Court, the second respondent has filed a counter affidavit dated 08.11.2011, to which the petitioner has filed a reply affidavit dated 15.11.2011. Taking exception to some of the averments made in the reply affidavit, the Special Government Pleader filed a memo objecting to those averments and seeks for withdrawal of those averments.

(3.) ON 31.11.2005, when the petitioner went to Aralvoimozhi police station to look for her husband, instead of giving information about his whereabouts they directed her to approach the Kadayanallur Police Station. Then she was misled by the police personnel of both the stations several times. Since there was no proper reply from them, she filed H.C.P.No.223 of 2006 before this Court. It was closed by this Court on the basis of the submission made by the Inspector of Police, Kadayanallur that he had registered a Man Missing case in Cr.No.391 of 2006. But the Inspector of Police, Ravi did not file any case with the above said crime number but a false statement was made before this Court.