Madras High Court
T.Karuppasamy vs The Superintendent Of Police on 11 March, 2021
W.P.(MD)No.5272 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2021
CORAM :
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA
W.P.(MD)No.5272 of 2021
T.Karuppasamy ...Petitioner
/Vs./
1.The Superintendent of Police,
Viruthunagar District, Viruthunagar.
2.The Deputy Superintendent of Police,
Viruthunagar District, Viruthunagar.
3.The Inspector of Police,
Ammapatti Police Station,
Ammapatti, Viruthunagar District.
4.Senthilkumar
5.S.Balasubramanian ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue Writ of Mandamus, directing the third respondent to conduct
preliminary enquiry based on the complaint of the petitioner, dated
09.02.2021 and also initiate action against the respondents 4 and 5.
For Petitioner :Mr.M.Pandian
For R1 to R3 :Mr.S.Chandrasekar
Additional Public Prosecutor
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W.P.(MD)No.5272 of 2021
ORDER
By consent, this Writ Petition is taken up for final hearing at the
admission stage itself.
2.The present petition is filed seeking to direct the third respondent to
conduct preliminary enquiry based on the complaint of the petitioner, dated
09.02.2021 and also initiate action against the respondents 4 and 5.
3.In the decision in M.Subramaniam and another Vs. S.Janaki and
another, reported in 2020 (2) Crimes (SC) 261, in which, it has been held
thus :
“...18. It is well settled that when a power is given to an
authority to do something it includes such incidental or implied
powers which would ensure the proper doing of that thing. In
other words, when any power is expressly granted by the statute,
there is impliedly included in the grant, even without special
mention, every power and every control the denial of which
would render the grant itself ineffective. Thus where an Act
confers jurisdiction it impliedly also grants the power of doing
all such acts or employ such means as are essentially necessary
for its execution.”
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W.P.(MD)No.5272 of 2021
6. The said ratio has been followed in Sudhir Bhaskarrao
Tambe v. Hemant Yashwant Dhage and Others2, in which it is
observed.
“2. This Court has held in Sakiri Vasu v. State of U.P.,
that if a person has a grievance that his FIR has not been
registered by the police, or having been registered, proper
investigation is not being done, then the remedy of the aggrieved
person is not to go to the High Court under Article 226 of the
Constitution of India, but to approach the Magistrate concerned
under Section 156(3) CrPC. If such an application under Section
156(3) CrPC is made and the Magistrate is, prima facie,
satisfied, he can direct the FIR to be registered, or if it has
already been registered, he can direct proper investigation to be
done which includes in his discretion, if he deems it necessary,
recommending change of the investigating officer, so that a
proper investigation is done in the matter. We have said this in
Sakiri Vasu case because what we have found in this country is
that the High Courts have been flooded with writ petitions
praying for registration of the first information report or
praying for a proper investigation.
3. We are of the opinion that if the High Courts entertain
such writ petitions, then they will be flooded with such writ
petitions and will not be able to do any other work except
dealing with such writ petitions. Hence, we have held that the
complainant must avail of his alternate remedy to approach the
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W.P.(MD)No.5272 of 2021
Magistrate concerned under Section 156(3) CrPC and if he does
so, the Magistrate will ensure, if prima facie he is satisfied,
registration of the first information report and also ensure a
proper investigation in the matter, and he can also monitor the
investigation.
4.In view of the settled position in Sakiri Vasu case, the
impugned judgment of the High Court cannot be sustained and
is hereby set aside...”
4.In view of the Judgment rendered by the Hon'ble Supreme Court of
India, the present petition is dismissed. No costs.
11.03.2021
Index : Yes/No
Internet:Yes/No
sji
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Superintendent of Police,
Viruthunagar District, Viruthunagar.
2.The Deputy Superintendent of Police,
Viruthunagar District, Viruthunagar.
3.The Inspector of Police,
http://www.judis.nic.in Ammapatti Police Station,
W.P.(MD)No.5272 of 2021
Ammapatti, Viruthunagar District.
R. HEMALATHA, J.
sji
W.P.(MD)No.5272 of 2021
11.03.2021
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