W.P.(MD)No.14968 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025 CORAM THE HONOURABLE MR JUSTICE B.PUGALENDHI W.P.(MD)No.14968 of 2025 Paramaswari ... Petitioner Vs 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai Range, Sivagangai District. 3.The Inspector of Police, Silaiman Police Station, Sivagangai District. ...Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, in the nature of Writ of Mandamus, to direct Respondent No.1 to appoint Mr. B. Mohan (Ms. No.354/1979) and assist Mr. Arul Joseph (Ms. No.460/2005) as Special Public Prosecutor for conducting the case in Spl.S.C. No.172 of 2021 pending on the file 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 of the Honble III Additional District Court (PCR) Madurai, under Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995, on the basis of petitioner's representation dated 21.03.2025 and 24.03.2025 in accordance with law within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani, For R1 : Mr.F.Deepak Special Government Pleader For R2 & R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R The petitioner, a victim in Crime No. 201 of 2017 has filed this writ petition, seeking a direction to appoint a Special Public Prosecutor to conduct the case in Spl.S.C.No.172 of 2021 pending on the file of the III Additional District Court (PCR) Madurai, under Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995. 2. The case of the petitioner is that her husband was murdered in the year 2017, for which, a criminal case was registered in Cr.No.201 of 2017 for the offence under Sections 147, 148, 302 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act @ Sections 147, 148, 302, 120(B), 341, 294(b), 149 IPC @ Sections 302, 114, 314, 34, 294(b) of IPC. Though the final report was filed in the year 2018, the case was committed only in the year 2021 and the same has been numbered as Special S.C.No.172 of 2021. The grievance of the petitioner is that for the occurrence took place in the year 2017, no action has been taken till date. 3.The learned Additional Public Prosecutor, based on the instructions provided to him, submits that the case is pending at the stage of framing of charges. Now a proposal in Na.Ka.No. 1272/2025/A1, dated 12.06.2025 has been submitted by the Director of Prosecution to the District Collector, Madurai for appointing Mr.B.Mohan (M.S.No.354/1979) as a Special Public Prosecutor of III Additional Special Court under the SC/ST(POA) Act cases, Madurai to prosecute the case in Spl.SC.No.172 of 2021, 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 as preferred by this petitioner. 4.This Court considered the submissions made by either side. 5.It appears that for the incident said to have taken place in the year 2017, the trial is still pending at the stage of evidence. Pending the trial, the petitioner, who is the victim has made a request to appoint a Special Public Prosecutor to conduct the case in Spl.S.C.No.172 of 2021 pending on the file of the III Additional District Court (PCR) Madurai, under Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995. Now it is reported that a proposal has been submitted to the District Collector, by the Director of Prosecution in Na.Ka.No. 1272/2025/A1, dated 12.06.2025 for appointing Mr.B.Mohan (M.S.No.354/1979) as a Special Public Prosecutor to prosecute the case in Spl.SC No.172 of 2021. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 6.Recording the submissions of the learned Additional Public Prosecutor, this writ petition is disposed of with a direction to the first respondent to pass necessary orders on the proposal of the Director of Prosecution, dated 12.06.2025, within a period of one month from the date of receipt of a copy of this order. No costs. 12.06.2025 NCC : Yes/No Index : Yes / No vrn 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 To: 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai Range, Sivagangai District. 3.The Inspector of Police, Silaiman Police Station, Sivagangai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14968 of 2025 B.PUGALENDHI, J. vrn Order made in W.P.(MD)No.14968 of 2025 12.06.2025 7/7 https://www.mhc.tn.gov.in/judis