P.Thirupathi vs The Deputy Superintendent Of ...
2022 Latest Caselaw 17635 Mad

                                                                          W.P.(MD)No.23559 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.23559 of 2022

                P.Thirupathi                                                      ... Petitioner

                                                        Vs.

                1. The Deputy Superintendent of Police
                   Kovilpatti,
                   Thoothukudi District

                2. The Inspector of Police
                   Kayathar Police Station
                   Thoothukudi District.

                3. C.Balu
                4. C.Ganapthi                                                     ... Respondents

                Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                issue a Writ of Mandamus, directing the first Respondent to take my
                complaint dated 01.09.2022 on file and to complete the enquiry
                proceedings.




                                  For Petitioner      :Mr.Aayiram.K. Selvakumar
                                  For R1 and R2       :Mr.B.Nambiselvan
                                                      Additional Public Prosecutor




                1/5
https://www.mhc.tn.gov.in/judis
                                                                           W.P.(MD)No.23559 of 2022



                                                          ORDER

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

Mandamus,directing the first Respondent to take my complaint dated

01.09.2022 on file and to complete the enquiry proceedings.

2. Heard Mr.Aayiram.K. Selvakumar 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

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23559 of 2022

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.23559 of 2022

                To

1. The Deputy Superintendent of Police Kovilpatti, Thoothukudi District

2. The Inspector of Police Kayathar Police Station Thoothukudi District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23559 of 2022

SATHI KUMAR SUKUMARA KURUP,J.

aav

W.P(MD)No.23559 of 2022

15.11.2022

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