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2013 DIGILAW 3461 (MAD)

R. Rajendran, Kancheepuram v. Home Secretary Government of Tamilnadu Chennai

2013-09-24

K.RAVICHANDRA BAABU

body2013
Judgment 1. The prayer in this writ petition is seeking for a direction to the first respondent to pass appropriate orders on the petitioner's petition dated 15.4.2005 filed under Section 197 of the Criminal Procedure Code thereby accord sanction to the prosecution to prosecute the respondents 2 and 3 herein. 2. The grievance of the petitioner is that he had approached the first respondent by way of his petition dated 15.4.2005 filed under Section 197 of the Criminal Procedure Code seeking for sanction to prosecute the respondents 2 and 3 and the said petition was not disposed of by the first respondent, so far. 3. It is the contention of the petitioner that the respondents 2 and 3 had been conspiring, colluding, abetting and assisting one Sujatha and others to commit the offense against the petitioner. It is for the petitioner to make out a case for seeking sanction for prosecution under Section 197 of the Criminal Procedure Code before the first respondent. As it is contemplated that such permission is to be granted only by the first respondent Government, this Court cannot go into the merits and contentions of the rival parties at this stage. Therefore, without expressing any view on the merits of the contentions of the petitioner, I only direct the first respondent to pass orders on the petitioner's petition dated 15.4.2005, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, if the said petition was not disposed of already. It is made clear that this order directing the first respondent to pass orders on the petitioner's petition dated 15.4.2005, shall not be construed, in any manner, as a positive direction given to the first respondent to accord sanction for prosecuting the respondents 2 and 3. As already stated supra, it is for the first respondent to consider the petitioner's petition and pass orders, on merits and in accordance with law, within the time stipulated as stated above. The writ petition is ordered accordingly. No costs.