R.Elangovan vs The Superintendent Of Police
2022 Latest Caselaw 17624 Mad

                                                                               WP(MD)No22575 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.22575 of 2022

                 R.Elangovan                                                      ... Petitioner
                                                         /vs./

                 1.The Superintendent of Police,
                   Ramanathapuram District,
                   Ramanathapuram.

                 2.The Inspector of Police,
                   Devipattinam Police Station,
                   Ramanathapuram District.

                 3.Suresh

                 4.Kalimuthu                                                      ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the Respondents 1 and 2 to take
                 necessary action as against the Respondents 3 and 4 herein, strictly in accordance
                 with the direction of the Apex Court in Lalitha Kumari vs Govt of U.P and other
                 case, on the basis of the Petitioner's representation dated 21.9.2022.




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                 WP(MD)No22575 of 2022



                                  For Petitioner   :    Mr.T.Sathiyanathan
                                  For R1 & R2      :    Mr.R.Sivakumar
                                                       Government Advocate (Crl.side)

                                                           ORDER

This Writ Petition has been filed to direct the Respondents 1 and 2 to take

necessary action as against the Respondents 3 and 4 in accordance with the

direction of the Hon'ble Apex Court in the case of Lalitha Kumari vs Govt of

U.P, on the basis of the Petitioner's representation dated 21.9.2022.

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

https://www.mhc.tn.gov.in/judis WP(MD)No22575 of 2022

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 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

https://www.mhc.tn.gov.in/judis WP(MD)No22575 of 2022

SATHI KUMAR SUKUMARA KURUP, J.

mm

TO:

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

Order made in W.P.(MD)No.22575 of 2022

Dated:

15.11.2022

https://www.mhc.tn.gov.in/judis