Madras High Court
R.Rajamani vs The Superintendent Of Police on 3 November, 2022
W.P(MD)No.22821 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.11.2022
CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD) No.22821 of 2022
R.Rajamani ...Petitioner
Vs.
1.The Superintendent of Police,
O/o. the Superintendent of Police,
Theni District.
2.The Inspector of Police,
Devathanapatti Police Station,
Devathanapatti,
Theni District.
3.The Sub Inspector of Police,
Jayamangalam Police Station,
Jayamangalam,
Theni 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 to follow the dictum laid down Lalita Kumari - Vs- Govt. of
U.P., which is reported in (2014) 2 SCC 1 in respect of conducting
preliminary enquiry to register the case against the proposed accused by
considering the Petitioner's representation dated 25.04.2022.
1/4
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22821 of 2022
For Petitioner : Mr.A.Mohamed Riyaz
For Respondents : Mr.R.Sivakumar
Government Advocate
ORDER
This Writ Petition has been filed to direct the Respondents to
follow the dictum laid down in the case of Lalita Kumari - Vs- Govt. of
U.P., which is reported in (2014) 2 SCC 1 in respect of conducting
preliminary enquiry to register the case against the proposed accused by
considering the Petitioner's representation dated 25.04.2022.
2.In the Ruling of the Division Bench of this Court in a batch of
Criminal Original Petitions reported in CDJ 2018 MHC 5100 in the case
of G.Prabakaran vs The Superintendent of Police, Thanjavur District
and another, it was stated that the Writ Petition seeking direction to
register the case cannot be ordered. Only Criminal Original Petition
under Section 482 of Cr.P.C., can be filed for a direction to register the
case. Also in the same judgment, it was stated that the Complainant,
before approaching this Court, in cases, where the Police refused to
register the case, has to exhaust the remedy available under Section
156(3) Cr.P.C., by filing a Petition under Section 156(3) Cr.P.C., before
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W.P(MD)No.22821 of 2022
the learned Judicial Magistrate Court concerned. Only the learned
Judicial Magistrate has to pass appropriate orders directing the Police
concerned to register a case and investigate. Even after such direction, if
the Police has not registered a case, then the Complainant can approach
this Court under Section 482 of Cr.P.C. seeking a direction to register a
case. For this, there shall be a reasonable time of 15 days from the date
of the order passed by the learned Judicial Magistrate concerned for the
Investigation Officer or the Police Officer to register a case. Only after
the expiry of 15 days from the date of order of learned Judicial
Magistrate, the Complainant can approach this Court under Section 482
Cr.P.C. seeking direction.
3.Instead of following the said guidelines, the Petitioner herein has
approached this Court straightaway seeking Writ of Mandamus. Hence,
this Writ Petition is not maintainable. Accordingly, this Writ Petition is
dismissed. No costs.
Index :Yes/No 03.11.2022
Internet: Yes/No
mm
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22821 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
mm
To
1.The Superintendent of Police,
O/o. the Superintendent of Police,
Theni District.
2.The Inspector of Police,
Devathanapatti Police Station,
Devathanapatti,
Theni District.
3.The Sub Inspector of Police,
Jayamangalam Police Station,
Jayamangalam,
Theni District.
W.P(MD).No.22821 of 2022
03.11.2022
https://www.mhc.tn.gov.in/judis
