K.Selvasekar vs The Commissioner Of Police
2022 Latest Caselaw 17632 Mad

                                                                               W.P.(MD)No.23673 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.23673 of 2022

                K.Selvasekar                                                          ... Petitioner

                                                        Vs.

                1. The Commissioner of Police
                   Tirunelveli City
                   Tirunelveli District

                2. The Inspector of Police
                   Pettai Police Station
                   Tirunelveli District

                3. Bathamuthu Beevi
                4. Mohammed Ismail
                5. Shahul Hameed
                6. Aaisha                                                             ... Respondents

                Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                issue a Writ of Mandamus, directing the second Respondent to conclude
                the      inquiry       by   considering       the   Petitioner's   representation      dated
                05.06.2022 within the time prescribed by this Honourable Court


                                  For Petitioner      :Mr.V.Ragavachari
                                  For R1 and R2       :Mr.B.Nambiselvan
                                                      Additional Public Prosecutor




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https://www.mhc.tn.gov.in/judis
                                                                           W.P.(MD)No.23673 of 2022



                                                          ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of

Mandamus, directing the second Respondent to conclude the inquiry by

considering the Petitioner's representation dated 05.06.2022 within the

time prescribed by this Honourable Court.

2. Heard Mr.V.Ragavachari 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

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23673 of 2022

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

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





https://www.mhc.tn.gov.in/judis
                                                             W.P.(MD)No.23673 of 2022


                To

                1. The Commissioner of Police
                   Tirunelveli City
                   Tirunelveli District

                2. The Inspector of Police
                   Pettai Police Station
                   Tirunelveli District

                3. The Additional Public Prosecutor

Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23673 of 2022

SATHI KUMAR SUKUMARA KURUP,J.

aav

W.P(MD)No.23673 of 2022

15.11.2022

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