Madras High Court
S.S.Mani vs The Superintendent Of Police on 31 October, 2022
W.P.(MD)No.23467 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.23467 of 2022
S.S.Mani ... Petitioner
/vs./
1.The Superintendent of Police,
Thoothukudi District, Thoothukudi.
2.The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi Distrcit.
3.Sivakumar
4.Banumathy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondent to conduct
enquiry/investigation based on the petitioner's complaint dated 24.08.2022
submitted to the first respondent which was forwarded to the second respondent.
For Petitioner : Mr.R.Murugan
For Respondents : Mr.B.Nambiselvan
Additional Public Prosecutor
ORDER
Heard the learned Counsel for the Petitioner and the learned Additional
Public Prosecutor for the Respondents 1 and 2. By consent, this Writ Petition is
taken up for final disposal.
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W.P.(MD)No.23467 of 2022
2.The learned Counsel for appearing for the Petitioner submits that the
Petitioner had filed this Writ Petition seeking a direction against the Respondents
1 and 2 to conduct enquiry based on the Petitioner's complaint, dated 24.08.2022
filed before the first Respondent.
3.The learned Additional Public Prosecutor appearing for the first and
second Respondents submitted that the Writ Petition of this nature is not
maintainable as per 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
with a direction to the police to investigate and file the final report 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
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W.P.(MD)No.23467 of 2022
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. In the ruling of the Hon'ble Supreme Court reported in CDJ 2020 SC
401 in the case of M.Subramaniam and another vs. Janaki and another, it was
stated that the High Court could not have directed the registration of an FIR with
a direction to the police to investigate and file the final report.
5.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.
31.10.2022
Index : Yes / No
Internet : Yes / No
ta
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23467 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
ta
To:
1.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
2.The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi Distrcit.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
W.P.(MD)No.23467 of 2022
31.10.2022
https://www.mhc.tn.gov.in/judis
