Citation : 2021 Latest Caselaw 17575 Mad
Judgement Date : 26 August, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No. 15267 of 2021
R.Krishnasamy ... Petitioner
Vs.
1.The Director General of Police
No.1, Dr.Radhakrishnan Road
Mylapore, Chennai- 600 004.
2. The Inspector General of Police
Madurai, Madurai District
3. The Deputy Inspector General of Police
Tirunelveli and Tenkasi Region
No.4, St.Thomas Road
Nearby High Ground
Maharaja Nagar, Tirunelveli
4. The Superintendent of Police
Tenkasi District, Tenkasi
5. The Deputy Superintendent of Police
Puliyangudi, Sivagiri Taluk
Tenkasi District
6. The Inspector of Police
Puliyangudi Police Station
Sivagiri Taluk
Tenkasi District
7. M.Diwan Abbas
8.M.Ramraj
9. T.Subbaiahpandian @ Chinnapandi
10. Yobusampathrajan ... Respondents
https://www.mhc.tn.gov.in/judis/
2
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, by directing the respondents 1 to 6 herein to
take appropriate action against the private respondents by considering
the representation of the petitioner dated 28.06.2021.
For Petitioner : Mr.K.P.Sankarakumarakuruparan
For Respondents : Mr.R.M.Anbunithi
No.1 to 6 Additional Public Prosecutor
ORDER
This writ petition has been filed for issuance of a writ of Mandamus,
directing the respondents 1 to 6 herein to take appropriate action against
the private respondents by considering the representation of the
petitioner dated 28.06.2021.
2.The learned counsel for the petitioner would submit that the
petitioner has sent a representation to the respondent dated 28.06.2021
and no action has been taken, thereby the present petition has been filed
seeking for writ of mandamus.
3. The learned Additional Public Prosecutor would submit that there
is no instructions.
4. This Court carefully perused the representation dated
28.06.2021. Perusal of the representation shows that it is nothing but a https://www.mhc.tn.gov.in/judis/
complaint to take action against the respondents 7 to 10 for offences of
cheating, criminal breach of trust etc.,
4. The petitioner in the guise of mandamus has sought for direction
to register a case. In view of the Judgment of the Hon'ble Division Bench
of this Court in Crl.O.P.(MD)No.13681 of 2018 and batch of cases, dated
20.09.2018, the petition of this nature is not maintainable. This Court is
not bound to direct the police to register the complaint.
5. In the event of the respondent not considering the representation
the petitioner is at liberty to work out his remedy in accordance with the
guidelines given by the Honourable Division Bench of this Court in the
decision referred supra and in accordance with the provisions
contemplated under the Code of Criminal Procedure.
6.With the above direction, this writ petition stands disposed of.
However, there shall be no order as to costs.
Index :Yes/No 26.08.2021
Internet :Yes/No
aav
https://www.mhc.tn.gov.in/judis/
To
1.The Director General of Police No.1, Dr.Radhakrishnan Road Mylapore, Chennai- 600 004.
2. The Inspector General of Police Madurai, Madurai District
3. The Deputy Inspector General of Police Tirunelveli and Tenkasi Region No.4, St.Thomas Road, Nearby High Ground Maharaja Nagar, Tirunelveli
4. The Superintendent of Police Tenkasi District, Tenkasi
5. The Deputy Superintendent of Police Puliyangudi, Sivagiri Taluk Tenkasi District
6. The Inspector of Police Puliyangudi Police Station Sivagiri Taluk, Tenkasi District
https://www.mhc.tn.gov.in/judis/
A.D.JAGADISH CHANDIRA,J.
aav
W.P.(MD)No.15267 of 2021
https://www.mhc.tn.gov.in/judis/ 26.08.2021
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