Yogapathy vs The Commissioner Of Police
2023 Latest Caselaw 10046 Mad

                                                                    W.P.No.23426 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 09.08.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                   W.P.No.23426 of 2023

                     Yogapathy                                                  .. Petitioner

                                                           Vs.



                     1. The Commissioner of Police,
                        The Greater Chennai Police,
                        Avadi, Chennai.

                     2. The Inspector of Police,
                        Thirumullaivoyal Police Station,
                        Thirumullaivoyal, Chennai.

                     3. Daniel Suresh

                     4. Malliga                                         .. Respondents
                     PRAYER : Writ Petition filed under Article 226 of Constitution of India
                     praying for a writ of Mandamus directing the 1 st respondent to conduct an
                     enquiry and issue necessary direction to the 2 nd respondent police to take
                     appropriate action against the respondents 3 and 4 based on my
                     representation dated 06.04.203.


                                  For Petitioner       : N.Edwin Jeyakumar

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                          W.P.No.23426 of 2023

                                  For Respondent No.      : A.Damodharan
                                                             Additional Public Prosecutor
                                                             Madras High Court.

                                                           ORDER

This Writ Petition has been filed seeking for a direction

to the respondent police to conduct enquiry on the complaint given by the

petitioner on 06.04.2023.

2. Heard learned counsel for petitioner and learned Additional Public

Prosecutor appearing on behalf of respondents 1 and 2.

3. Learned Additional Public Prosecutor appearing for the

respondents 1 and 2 submits that on the complaint given by the petitioner,

petition enquiry is being conducted in C.No.1045/DC/Avadi on the file of the

third respondent police.

4. The Second respondent is directed to conduct enquiry in line with

the judgment of the Supreme Court of India in Lalitha Kumari Vs.

Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the

Supreme Court has enumerated the nature of cases where preliminary

https://www.mhc.tn.gov.in/judis W.P.No.23426 of 2023

enquiry can be conducted and has also restricted the period, for which

preliminary enquiry can be conducted. The Second respondent is also

directed to complete the enquiry and take a decision within a period of two

(2) weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs

09.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka

To

1. The Commissioner of Police, The Greater Chennai Police, Avadi, Chennai.

2. The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.

3. The Public Prosecutor Madras High Court, Madras.

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis W.P.No.23426 of 2023

rka

W.P.No.23426 of 2023

09.08.2023

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