LAWS(MAD)-2023-10-86

R. JEYAKUMAR JOTHI Vs. HOME SECRETARY, SECRETARIAT

Decided On October 17, 2023
R. Jeyakumar Jothi Appellant
V/S
Home Secretary, Secretariat Respondents

JUDGEMENT

(1.) The Petitioners, claiming to be the victims of wrongful prosecution in respect of a case in Crime No.8 of 2008 on the file of the Fourth Respondent, have filed this Writ Petition seeking de nova investigation by the Third Respondent and Compensation for the malicious prosecution.

(2.) The brief facts of the case, in a nutshell, are as follows:

(3.) Learned Counsel for the Petitioners vehemently contest that the Fourth Investigation Officer/Sixth Respondent herein, in order to safeguard the real accused, has planted the Eyewitnesses, PWs.18, 19 & 20, as against these innocent Petitioners. The Investigation Officer has abused his power conferred upon him and filed a false Final Report as against these Petitioners deliberately with an intent to safeguard the real Accused. According to him, the deceased Rajesh Prabhu was the cousin of one Ravindran, an influential and powerful politician of the then ruling party of the State Government and the deceased was having an illegal intimacy with the wife of said Ravindran. They were about to get married and for that purpose, the deceased who was working as a Software Engineer in a Private Company in Gujarat, was proceeding to Madurai and at that point of time, he was murdered in between Nagarkovil and Tirunelveli in the running train.