Going To File Curative Petition Against Dashwanth's Acquittal In Minor Girl's Rape & Murder Case: State Tells Madras High Court

The bench of Justice GR Swaminathan and Justice V Lakshminarayanan, however, took note of the submissions made by the state government that it intended to file a curative petition in the case. Taking note of the submission, the court closed the plea.

“We are clear in our mind that no mandamus can be issued in this matter. Today, the Additional Public Prosecutor submitted that the government intends to file a curative petition. Considering this submission, the petition is closed,” the court said.

The prosecution's case was that the victim-girl went missing from her residential building at 6 PM on February 5, 2017. After a frantic search by parents and police, her burnt dead body was found on the morning of February 8, 2017. The investigation pointed towards the involvement of Daswanth, a neighbour, and he was arrested on the same day.

It may be noted that in October last year, the Supreme Court acquitted Dashwanth after holding that the prosecution miserably failed to prove the vital circumstances, such as the CCTV camera footage, the confessional disclosure statement, the FSL report, etc. The Supreme Court had thus set aside the 2018 judgment of the Madras High Court, which upheld his conviction and confirmed the death sentence awarded by the Trial Court.

The present plea, filed by S Venkatesh, sought direction to the State to file a curative petition against the acquittal alleging that the acquittal was obtained by committing fraud on the Supreme Court.

The petitioner argued that though initially the Supreme Court had issued a limited notice regarding the question of sentence, it had later taken the criminal appeal on file, noting that the High Court had granted leave to appeal.

The petitioner submitted that through an RTI response, it was revealed that the High Court had not issued any Certificate to appeal in the matter, and in the absence of such a certificate, the Supreme Court lacked jurisdiction to hear the matter on merits.

The petitioner submitted that the existence or non-existence of a certificate of appeal constitutes a foundational fact, going to the very root of jurisdiction. He thus argued that it was a clear case of jurisdictional fraud, warranting grave legal consequences like recall of acquittal, proceedings for criminal contempt, perjury, breach of trust, and professional misconduct.

The petitioner has also raised a complaint to the Registrar of the Supreme Court of India, seeking to place the materials before the CJI for appropriate directions and appropriate action.

Case Title: S Venkatesh v The State of Tamil Nadu

Case No: WP 18454 of 2026