R.Varadarajan vs The Superintendent Of Police
2022 Latest Caselaw 17645 Mad

                                                                                WP(MD)No22466 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.22466 of 2022

                 R.Varadarajan                                                    ... Petitioner

                                                            /vs./


                 1.The Superintendent of Police,
                   Trichy District,
                   Trichy.

                 2.The Inspector of Police,
                   Manapparai Police Station,
                   Manapparai,
                   Trichy District.                                          ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the 2nd Respondent herein to take
                 action on the petitioner's complaint dated 27.01.2022, which is taken on file in
                 C.S.R. No.51 of 2022 on the file of the 1st Respondent and investigate the same
                 by following due procedure and for other reliefs.
                                  For Petitioner  :    Mr.J.Lawrance
                                  For Respondents :    Mr.R.Sivakumar
                                                      Government Advocate (Crl.side)


                 1/4

https://www.mhc.tn.gov.in/judis
                                                                               WP(MD)No22466 of 2022

                                                        ORDER

This Writ Petition had been filed to direct the second Respondent to take

action on the Petitioner's complaint dated 27.01.2022, which is taken on file in

C.S.R.No.51 of 2022 on the file of the first Respondent and investigate the same

by following due procedure.

2.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 has not registered a case, then

https://www.mhc.tn.gov.in/judis WP(MD)No22466 of 2022

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

from the date of 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 from the date of order of learned Judicial Magistrate, the Complainant

can approach this Court under Section 482 Cr.P.C. seeking direction.

3.Instead of following the said guidelines, the Petitioner herein has

approached this Court straightaway seeking Writ of Mandamus. Hence, this Writ

Petition is not maintainable. Accordingly, this Writ Petition is dismissed. No

costs.

15.11.2022 Index : Yes / No Internet : Yes / No mm

TO:

1.The Superintendent of Police, Trichy District, Trichy.

https://www.mhc.tn.gov.in/judis WP(MD)No22466 of 2022

SATHI KUMAR SUKUMARA KURUP, J.

mm

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

Order made in W.P.(MD)No.22466 of 2022

Dated:

15.11.2022

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