Madras High Court
S.Palanisamy vs The Superintendent Of Police on 15 November, 2022
WP(MD)No22657 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.22657 of 2022
S.Palanisamy ... Petitioner
/vs./
1.The Superintendent of Police,
O/o. the Superintendent of Police,
Dindigul District,
Dindigul.
2.The Inspector of Police,
Ottanchatram Police Station,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the Respondent No.2 to take appropriate
action on the basis of the petitioner representation dated 30.05.2022.
For Petitioner : Mr.T.Thirumurugan
For Respondents : Mr.R.Sivakumar
Government Advocate (Crl.side)
1/4
https://www.mhc.tn.gov.in/judis
WP(MD)No22657 of 2022
ORDER
This Writ Petition has been filed to direct the second Respondent to take
appropriate action, on the basis of the Petitioner's representation dated
30.05.2022.
2.In the reported 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
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
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WP(MD)No22657 of 2022
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.
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.
15.11.2022
Index : Yes / No
Internet : Yes / No
mm
TO:
1.The Superintendent of Police,
O/o. the Superintendent of Police,
Dindigul District,
Dindigul.
https://www.mhc.tn.gov.in/judis
WP(MD)No22657 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
mm
2.The Inspector of Police,
Ottanchatram Police Station,
Dindigul District.
Order made in
W.P.(MD)No.22657 of 2022
Dated:
15.11.2022
https://www.mhc.tn.gov.in/judis
