Madras High Court
I.Kalanthar Ashik Ahamed vs The Secretary To The Government on 3 February, 2022
W.P.(MD).No.10362 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD).No.10362 of 2021
I.Kalanthar Ashik Ahamed ...Petitioner
Vs.
1.The Secretary to the Government,
Home Department, Secretariat, Chennai.
2.The Director General of Police,
Police Headquarters,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 4.
3.Pugalenthi Ganesh,
Formerly the Deputy Superintendent of Police,
Thiruvadanai Sub-Division,
Ramanathapuram District,
and presently, at pattukottai Sub-Division,
Thanjavur District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents No.1
and 2 to consider and dispose of the petitioner's representation dated
03.06.2021 in accordance with law as expeditiously as possible within the time
stipulation as prescribed by this Court.
1/6
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W.P.(MD).No.10362 of 2021
For Petitioner : Mr.R.Anand
For R1 and R2 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R3 : Mr.V.Vishnu
ORDER
Heard the learned Counsel appearing for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents 1 and 2 and the
learned Counsel appearing for the third respondent.
2.The petitioner submitted a representation to the respondents 1 and 2
alleging that the third respondent had falsely implicated him in a criminal case,
caused injuries to him and also arrested him. The criminal case was quashed by
the High Court. The petitioner wants the first respondent to initiate action
against the third respondent. He also wants an FIR to be registered against
him.
3.This writ petition will not lie. The Hon'ble Supreme Court in
M.Subramaniam v. S.Janaki (2020) 16 SCC 728 held that High Courts cannot
direct registration of FIR with a direction to the police to initiate and file final
report in view of the judgment in Sakiri Vasu v. State of U.P., (2008) 2 SCC
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W.P.(MD).No.10362 of 2021
409. In Sakiri Vasu v. State of U.P., it was held that if a person has a grievance
that the police station is not registering his FIR, he must approach the
Superintendent of Police under Section 154(3) Cr.PC by an application in
writing. If that also does not yield any satisfactory result, it is open to the
aggrieved person to file an application under Section 156(3) Cr.PC before the
learned Magistrate concerned. In Sudhir Bhaskarrao Tambe v. Hemant
Yashwant Dhage and Others (2016) 6 SCC 277, it was held that 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 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. The complainant must avail of his
alternate remedy to approach the Magistrate concerned under Section 156(3)
Cr.PC.
4.If the petitioner is aggrieved by the non-registration of FIR against the
third respondent, his remedy is elswhere. Filing a Writ of Mandamus is clearly
not appropriate in the light of the aforesaid decision of the Hon'ble Supreme
Court.
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W.P.(MD).No.10362 of 2021
5.The petitioner has informed the disciplinary authorities about the acts
committed by the third respondent. It is for the disciplinary authority
concerned to take appropriate action. The petitioner has no right to compel the
authority concerned to initiate disciplinary action against the third respondent.
No such right inheres in the petitioner. It is well settled that a Writ of
Mandamus will lie only to enforce a legal right. When there is no such legal
right inhereing in the petitioner, the Writ of Mandamus will not lie. Even if I
assume that the third respondent has erred or committed misconduct, still, it is
left to the discretion of the disciplinary authority to initiate action against him.
Both the requests made by the petitioner in his representation cannot be
enforced by way of Writ of Mandamus. Leaving open all the other rights and
remedies, the Writ Petition stands dismissed. No costs.
03.02.2022
Index : Yes / No
Internet : Yes/ No
skm
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
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W.P.(MD).No.10362 of 2021
1.The Secretary to the Government,
Home Department, Secretariat, Chennai.
2.The Director General of Police,
Police Headquarters,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 4.
3.The Deputy Superintendent of Police,
Pattukottai Sub-Division,
Tanjaore District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.10362 of 2021
G.R.SWAMINATHAN, J.
skm
W.P.(MD).No.10362 of 2021
03.02.2022
https://www.mhc.tn.gov.in/judis
