M.A.M.RAJA Vs. SPECIAL PERSONAL

JUDGEMENT

(1.) A writ of quo warranto has been instituted questioning the authority of the sixth respondent to hold the post of Government Pleader for the District Munsif Court, Periyakulam at Theni District and to remove the sixth respondent from the post of Government Pleader since a criminal case in C.C.No.239 of 2020, on the file of the learned Judicial Magistrate, Theni, is pending against him.

(2.) The petitioner is a practicing Advocate at Madurai Bench of Madras high Court and previously, he was practicing in Theni District. The Government appointed Law Officers vide G.O.(D) No. 1176, Home (Courts.V1A) Department, dtd. 13/10/2021. By the said Government Order, the sixth respondent, namely, S.P.M.Ariff Rahuman, son of Mohamed Sulaiman, has been appointed as Government Pleader for the District Munsif Court, Periyakulam in Theni District.

(3.) The petitioner appearing in person contended that the sixth respondent has involved in criminal activities along with his wife and mother by throwing a knife shaped object used for the purpose of cutting vegetables upon the glass panels fixed in the office room of the petitioner and threatened him by stating that they will kill him. The Inspector of Police, Theni, had registered a case in Crime No. 1460 of 2015 against the sixth respondent, his wife and mother, for the offence under Ss. 294(b), 427, 447 and 506(ii) I.P.C., and the case was registered only after the petitioner approached this Court by filing Crl.O.P.(MD) No. 19971 of 2015. The sixth respondent being a practicing Lawyer at Periyakulam Bar Association had influenced the Inspector Police, Theni, who referred the case as mistake of facts. The petitioner subsequently filed a protest petition before the learned Judicial Magistrate, Theni and after perusal of the records, the learned Judicial Magistrate directed the Inspector of Police to conduct further investigation and file a report within a period of one month. However, the Inspector of Police has not filed any report as per the directions of the learned Judicial Magistrate. Again, the petitioner approached this Court by filing a direction petition in Crl.O.P.(MD) No. 1297 of 2019 seeking direction to the Inspector of Police to comply with orders passed by the learned Judicial Magistrate, Theni and thereafter, the Inspector of Police filed a report, which was taken on file by the learned Judicial Magistrate, Theni, in C.C.No.239 of 2020, which is still pending.