Madras High Court
Alwin Jebery Raj vs The Superintendent Of Police on 15 November, 2022
W.P.(MD)No.24084 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.24084 of 2022
Alwin Jebery Raj ... Petitioner
Vs.
1. The Superintendent of Police
Nagercoil
Kaniyakumari District
2. The Inspector of Police
Vellichandhai Police Station
Kanniyakumari District
3. Jebitha ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the Respondents 1 and 2 to conduct
enquiry based on the Petitioner's complaint dated 08.10.2022.
For Petitioner :Mr.S.Saravanakumar
For R1 and R2 :Mr.B.Nambiselvan
Additional Public Prosecutor
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of
Mandamus, directing the Respondents 1 and 2 to conduct enquiry based
on the Petitioner's complaint dated 08.10.2022
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24084 of 2022
2. Heard Mr.S.Saravanakumar learned Counsel for the
Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor
appearing for the Respondents 1 and 2.
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
Police concerned to register a case and investigate. Even after such
direction, if the Police had 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 or
one month from the date of the order passed by the learned Judicial
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W.P.(MD)No.24084 of 2022
Magistrate concerned for the Investigation Officer or the Police Officer to
register a case. Only after the expiry of 15 days or one month 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
had 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.
15.11.2022
Index : Yes / No
Internet : Yes/No
aav
To
1. The Superintendent of Police
Nagercoil
Kaniyakumari District
2. The Inspector of Police
Vellichandhai Police Station
Kanniyakumari District
3. The Additional Public Prosecutor
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24084 of 2022
SATHI KUMAR SUKUMARA KURUP,J.
aav
W.P(MD)No.24084 of 2022
15.11.2022
https://www.mhc.tn.gov.in/judis
