Madras High Court
Palaniammal vs The Superintendent Of Police on 15 September, 2022
W.P.(MD)No.20838 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.20838 of 2022
Palaniammal ... Petitioner
Vs.
1.The Superintendent of Police,
Office of the Superintendent of Police,
Theni District-624 004.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Bodinayakkanur, Theni District.
3.The Sub Inspector of Police,
Odaipatti Police Station, Odaipatti, Theni District.
4.Mohan ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, to direct the Respondents No.1 to 3 to enquire
into my complaint dated, 10.05.2022and thereby, taken action against the
fourth respondent in accordance with law.
For Petitioner :Mr.P.R.Prithiviraj
For R1 to R3 :Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
***
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20838 of 2022
ORDER
Heard Mr.P.R.Prithiviraj, learned Counsel for the Petitioner and
Mr.R.Meenakshi Sundaram, 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
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W.P.(MD)No.20838 of 2022
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.
15.09.2022
Index : Yes / No
cmr
To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Theni District-624 004.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Bodinayakkanur, Theni District.
3.The Sub Inspector of Police,
Odaipatti Police Station, Odaipatti, Theni District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20838 of 2022
SATHI KUMAR SUKUMARA KURUP
cmr
W.P(MD)No.20838 of 2022
15.09.2022
https://www.mhc.tn.gov.in/judis
