The petitioner was the Investigating Officer in R.S.Mangalam Police Station Crime No.60 of 2010 and had filed the charge sheet against one Selvaraj and Kannan for offences under Sections 302 and 379 of the Indian Penal Code. Trial was conducted in S.C.No.67 of 2011 and the two accused were acquitted by the learned Additional District and Sessions Judge, Fast Track Court, Ramanathapuram, by judgment dated 20.03.2013. In the said judgment, the Judge has referred to the remiss in investigation of the case by the petitioner and had acquitted the accused. Now, since the petitioner is facing departmental action, he has approached this Court by way of Writ Petition for expunge of remarks, under Article 226 of the Constitution of India.
2. In the considered opinion of this Court, the remedy to the petitioner is not a Writ under
Article 226 of the Constitution of India, when there is already a remedy provided under the Code, inasmuch as the petitioner could have easily filed a Criminal Revision Case against the judgment of acquittal in S.C.No.67 of 2011 and could have assailed the findings thereon. A Writ of Certiorari cannot be used for quashing or expunging the remarks made by the Trial Court in a Sessions Case. Therefore, the objection raised by the Registry with regard to the maintainability of the Writ Petition is upheld and the Writ Petition is closed with liberty to the petitioner to work out his remedies in the manner known to law. No costs.
To
1.The Principal Secretary, State of Tamil Nadu, Home Department, St. George Fort, Chennai.
2.The Deputy Inspector General of Police, Ramanathapuram.
3.The Superintendent of Police, Ramanathapuram.