J.John vs The District Superintendent Of Police
2024 Latest Caselaw 15241 Mad

Madras High Court

J.John vs The District Superintendent Of Police on 7 August, 2024

                                                                           W.P(MD)No.18965 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 07.08.2024

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                           W.P.(MD)No.18965 of 2024

                     J.John                                                   ...Petitioner


                                                         Vs.


                     1.The District Superintendent of Police,
                       Sivaganga District,
                       Sivaganga.

                     2.The Inspector of Police,
                       Sivaganga Taluk Police Station,
                       Sivaganga District.

                     3.Manikandan
                       Inspector of Police,
                       Sivaganga Taluk Police Station,
                       Sivaganga.

                     4.Prabhu
                       Sub-Inspector of Police,
                       Sivaganga Taluk Police Station,
                       Sivaganga.                                             ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, directing the first


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                                                                              W.P(MD)No.18965 of 2024


                     respondent to take appropriate action against the erring police officials
                     respondents 3 and 4 in the light of the Apex Court Judgment in the case
                     of Lalitha Kumari or any other order deemed to be fit and proper of the
                     circumstances of this case.


                                       For Petitioner   : Mr.D.Senthil
                                                          for Mr.G.Santhana Mahaarajan

                                       For R1 & R2      : Mr.E.Antony Sahaya Prabahar
                                                          Additional Public Prosecutor


                                                          ORDER

The Writ Petition has been filed, invoking Article 226 of the

Constitution of India, seeking a Writ of Mandamus, directing the first

respondent to take appropriate action against the erring police officials

respondents 3 and 4 in the light of the Apex Court Judgment in the case

of Lalitha Kumari or any other order deemed to be fit and proper of the

circumstances of this case.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public

Prosecutor takes notice for the respondents 1 and 2. By consent, this writ

petition is taken up for final disposal at the admission stage itself.

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3. It is not in dispute that the writ petitioner's father has filed a suit

for declaration and injunction and the same went upto the Hon'ble

Supreme Court as SLP which came to be filed by the writ petitioner's

father.

4. The main contention of the writ petitioner is that though the writ

petitioner and his father have preferred complaints, the respondents

police has not taken any action and they have been dragging the matter

on some pretext or the other.

5. The learned Additional Public Prosecutor appearing for the

respondents 1 and 2 would submit that on the basis of the complaint

lodged by the other side, CSR No.633 of 2024 came to be registered and

on the basis of the complaints lodged by the writ petitioner as well as his

father, CSR Nos.636 and 637 of 2024 came to be registered and the same

are under enquiry.

6. As rightly contended by the learned Additional Public

Prosecutor appearing for the respondents 1 and 2, when enquiry is

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pending, the way in which serious allegations levelled against the

respondents police 3 and 4 without any basis, cannot be accepted and

that the writ petitioner went to the extent of saying that the respondents 3

and 4 are acting in favour of the other side by sharing 1/3rd of the theft

property.

7. Considering the above, this Court is of the view that the present

petition is a clear abuse of process of law/Court and as such, the same is

liable to be dismissed.

8. In the result, the Writ Petition stands dismissed. No costs.

07.08.2024

NCC :Yes/No Index :Yes/No Internet : Yes/ No csm

To

1.The District Superintendent of Police, Sivaganga District, Sivaganga.

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2.The Inspector of Police, Sivaganga Taluk Police Station, Sivaganga District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J

csm

Order made in

Dated : 07.08.2024

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