Madras High Court
M.Karupasamy vs The Commissioner Of Police on 15 November, 2022
W.P.(MD)No.23524 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.23524 of 2022
M.Karupasamy ... Petitioner
Vs.
1. The Commissioner of Police
Police Commissioner Office
Alagarkovil Road
Madurai- 625 002.
2. The Assistant Commissioner of Police
Tallakulam,
Madurai
3. The Inspector of Police
All Women Police Station, Tallakulam
Madurai.
4. Pushpalatha
5. Selvi ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, to direct the first Respondent to consider the
Petitioner;s representation dated 29.08.2022, by following the due
process of law, within stipulated time may be fixed by this Hon'ble Court
For Petitioner :Mr.S.Ayyanar Prem Kumar
For R1 to R3 :Mr.B.Nambiselvan
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23524 of 2022
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of
Mandamus, to direct the first Respondent to consider the Petitioner;s
representation dated 29.08.2022, by following the due process of law,
within stipulated time may be fixed by this Hon'ble Court
2. Heard Mr.S.Ayyanar Prem Kumar learned Counsel for the
Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor
appearing for the Respondents 1 to 3.
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.23524 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.23524 of 2022
To
1. The Commissioner of Police
Police Commissioner Office
Alagarkovil Road
Madurai- 625 002.
2. The Assistant Commissioner of Police
Tallakulam,
Madurai
3. The Inspector of Police
All Women Police Station, Tallakulam
Madurai.
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23524 of 2022
SATHI KUMAR SUKUMARA KURUP,J.
aav
W.P(MD)No.23524 of 2022
15.11.2022
https://www.mhc.tn.gov.in/judis
