Madras High Court
Dharmar vs The Superintendent Of Police on 14 November, 2022
W.P.(MD)No.23658 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.11.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.23658 of 2022
Dharmar ... Petitioner
Vs.
1. The Superintendent of Police
SH44, District Collectorate, Sulakkarai,
Virudhunagar- 626002
2. The Deputy Superintendent of Police.
SH44, District Collectorate, Sulakkarai,
Virudhunagar- 626002
3. The Sub Inspector of Police
Vachakarapatti Police Station
Vacahakarapatti
Virudhunagar- 626204
4.Selvam
5.Hemalatha
6.Singaravelan ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the second and third Respondents to
take appropriate action against the Respondents 4 to 6 based the
complaint of the Petitioner dated 12.05.2022
For Petitioner :Mr.M.Ananthkumar
For R1 to R3 :Mr.R.Sivakumar
Government Advocate(Crl.Side)
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23658 of 2022
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of
Mandamus, directing the second and third Respondents to take
appropriate action against the Respondents 4 to 6 based the complaint of
the Petitioner dated 12.05.2022.
2. Heard Mr.M.Ananthkumar, learned Counsel for the Petitioner
and Mr.R.Sivakumar, learned Government Advocate(Crl.Side) appearing
for the Respondents 1 to 3.
3.In the Ruling of 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 the learned Judicial Magistrate Court concerned. Only the
learned Judicial Magistrate has to pass appropriate orders directing the
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W.P.(MD)No.23658 of 2022
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 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.
4.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 with liberty to the Petitioner to approach the
concerned Court as per the reported ruling of the Hon'ble Division
Bench of this Court. No costs.
14.11.2022
Index : Yes / No
Internet : Yes/No
aav
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23658 of 2022
To
1. The Superintendent of Police
SH44, District Collectorate, Sulakkarai,
Virudhunagar- 626002
2. The Deputy Superintendent of Police.
SH44, District Collectorate, Sulakkarai,
Virudhunagar- 626002
3. The Sub Inspector of Police
Vachakarapatti Police Station
Vacahakarapatti
Virudhunagar- 626204
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23658 of 2022
SATHI KUMAR SUKUMARA KURUP
aav
W.P(MD)No.23658 of 2022
14.11.2022
https://www.mhc.tn.gov.in/judis
