Madras High Court
M.Saravanan vs The Superintendent Of Police on 18 October, 2022
W.P.(MD)No.22636 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.22636 of 2022
1.M.Saravanan
2. V.Sivamahalingam
3. S.Sivasakthi ... Petitioners
Vs.
1.The Superintendent of Police,
District Superintendent Office
Ramanthapuram District
2. The Deputy Superintendent of Police
Economical Offences Wing
Madurai, Madurai District
3.The Inspector of Police
Kamuthi,
Ramanathapuram District
4. P.Jayavel
5.Marrichamy
6. Karupasamy
7. Viji ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the Respondents 1 to 3 to consider
the representation made by the Petitioner on 02.09.2022 and 21.09.2022
For Petitioner :Mr.M.Ramachandran
For R1 to R3 :Mr.B.Namni Selvan
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22636 of 2022
ORDER
Heard Mr.M.Ramachadran, learned Counsel for the Petitioner
and Mr.B.Nambi Selvan, learned Additional Public Prosecutor appearing
for the Respondents 1 to 3.
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 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
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22636 of 2022
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.
18.10.2022
Index : Yes / No
Internet : Yes/No
aav
To
1.The Superintendent of Police,
District Superintendent Office
Ramanthapuram District
2. The Deputy Superintendent of Police
Economical Offences Wing
Madurai, Madurai District
3.The Inspector of Police
Kamuthi,
Ramanathapuram District
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22636 of 2022
SATHI KUMAR SUKUMARA KURUP
aav
W.P(MD)No.22636 of 2022
18.10.2022
https://www.mhc.tn.gov.in/judis
