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2019 Supreme(Mad) 1950

S.VAIDYANATHAN, N.ANAND VENKATESH
Sivasubramanian – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government Legal Department, Secretariat, Chennai – Respondent


Advocates Appeared:
For the Petitioner:Niranjan S. Kumar, R. Ragavendran, Advocates.
For the Respondent:K. Chellapandian, Additional Advocate General assisted by R. Anandaraj, Additional Public Prosecutor.

JUDGMENT :

S. Vaidyanathan, N. Anand Venkatesh, JJ.

(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 3 to appoint separate/independent Advocate as Public Prosecutor to conduct the case on behalf of the State in S.C.No.127/2015 on the file of the Principal District Sessions Judge, Srivilliputhur.)

1. This writ petition has been filed seeking for a direction to the respondents 1 to 3 to appoint an independent Advocate as Public Prosecutor to conduct the case on behalf of the State in S.C.No.127/2015 pending on the file of the Principal District Sessions Judge, Srivilliputhur.

2. This case has been posted before this Bench pursuant to the orders passed by the Hon'ble Administrative Judge directing the case to be heard by this Division Bench.

3. The brief facts of the case is that the brother of the petitioner was murdered in the year 2014 and the fourth respondent police registered a case in Crime No.255/2014 for offence under Sections 147, 148, 341, 294(b), 302 and 506(ii) IPC against five accused persons. The petitioner right from the begining apprehended that there is a political interfer

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