Madras High Court
M.Veeriyan Poosari vs The Superintendent Of Police on 28 October, 2022
W.P.(MD)No.24186 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.10.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.24186 of 2022
and
W.M.P.(MD)No.18301 of 2022
M.Veeriyan Poosari ... Petitioner
Vs.
1.The Superintendent of Police,
Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer,
Thanjavur District, Thanjavur.
3.The Tahsildar,
Budalur Taluk, Thanjavur District.
4.The Inspector of Police,
Sengipatti Police Station,
Thanjavur District.
5.Rajendran
6.Chinnaiyan
7.Durairaj ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, to direct the fourth Respondent to take
necessary action as against the Respondents 5 to 7 herein on the basis of
the complaint given by the Petitioner, dated 26.02.2022 registered in
CSR No.321/2022 on the file of the fourth Respondent Police strictly in
accordance with direction the Apex Court in Lalitha Kumari vs Govt. of
U.P., and others case.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24186 of 2022
For Petitioner :Mr.P.Saravanakumar
For R1 to R4 :Mr.B.Nambiselvan
Additional Public Prosecutor
***
ORDER
This Writ Petition has been filed to direct the fourth Respondent
to take necessary action as against the Respondents 5 to 7 herein on the
basis of the complaint given by the Petitioner, dated 26.02.2022
registered in CSR No.321/2022 on the file of the fourth Respondent
Police strictly in accordance with direction the Apex Court in Lalitha
Kumari vs Govt. of U.P., and others case.
2.Heard the learned Counsel for the Petitioner and the learned
Additional Public Prosecutor appearing for the Respondents 1 to 4.
3.In the Ruling of Division Bench of this Court (Justice
M.M.Sundresh (as His Lordship then was) and Justice N.Sathish Kumar)
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
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24186 of 2022
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
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.
4.Instead of following the said guidelines, the Petitioner herein
has approached this Court straightaway seeking Writ of Mandamus. It
will be treated as violation of reported Ruling of the Honourable Division
Bench of this Court by the Registry and appropriate action will be
initiated. Hence, this Writ Petition is not maintainable.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24186 of 2022
5.Accordingly, this Writ Petition is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
28.10.2022
Index : Yes / No
cmr
To
1.The Superintendent of Police,
Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer,
Thanjavur District, Thanjavur.
3.The Tahsildar,
Budalur Taluk, Thanjavur District.
4.The Inspector of Police,
Sengipatti Police Station,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24186 of 2022
SATHI KUMAR SUKUMARA KURUP
cmr
W.P(MD)No.24186 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
