Madras High Court
Alexpandi vs The Superintendent Of Police on 15 November, 2022
W.P.(MD)No.23954 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.23954 of 2022
Alexpandi ... Petitioner
Vs.
1. The Superintendent of Police
Madurai District, Madurai.
2. The Inspector of Police
Usilampatti Town Police Station
Madurai District ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the Respondent 1 and 2 herein to
take necessary action against the persons engaged in blockading the
Usilampatty Panchayat Union Office and also obstructing petitioner and
other public from entering into office premises and also abusing and
threatening in public with microphone, loudspeakers without permission
by considering the petitioner representation dated 24.09.2022 forthwith
within the time stipulated time by this Honourable Court .
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W.P.(MD)No.23954 of 2022
For Petitioner :Mr.A.Mithun Chakravarthi
For Respondents :Mr.B.Nambiselvan
Additional Public Prosecutor
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of
Mandamus, directing the Respondent 1 and 2 herein to take necessary
action against the persons engaged in blockading the Usilampatty
Panchayat Union Office and also obstructing petitioner and other public
from entering into office premises and also abusing and threatening in
public with microphone, loudspeakers without permission by considering
the petitioner representation dated 24.09.2022 forthwith within the time
stipulated time by this Honourable Court
2. Heard Mr.A.Mithu Chakravarthi learned Counsel for the
Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor
appearing for the Respondents.
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
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W.P.(MD)No.23954 of 2022
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
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
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W.P.(MD)No.23954 of 2022
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
Madurai District, Madurai.
2. The Inspector of Police
Usilampatti Town Police Station
Madurai District
3. The Additional Public Prosecutor
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23954 of 2022
SATHI KUMAR SUKUMARA KURUP,J.
aav
W.P(MD)No.23954 of 2022
15.11.2022
https://www.mhc.tn.gov.in/judis
