P.Praseed vs The Superintendent Of Police
2024 Latest Caselaw 21337 Mad

Madras High Court

P.Praseed vs The Superintendent Of Police on 8 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                           W.P.(MD).No.14922 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.11.2024

                                                       CORAM:

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD).No.14922 of 2023
                     P.Praseed                                                 ...Petitioner
                                                        Vs.

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

                     2.The Inspector of Police,
                       Andipatti Police Station,
                       Andipatti, Theni District.

                     3.Sangili Chettiyar

                     4.M.Sangili Chettiyar

                     5.S.Saminathan

                     6.B.Irulappan

                     7.Jegadeeswaran

                     8.G.Damotharan

                     9.B.R.K.Karnan                                      ... Respondents
                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     for the issuance of Writ of Mandamus, directing the respondent Nos.1
                     and 2 to conduct an enquiry against the respondent Nos.3 to 9 as per the
                     representation made by the petitioner dated 14.03.2022 and 15.10.2022
                     as well as the CSR No.996/2022 issued by the second respondent dated
https://www.mhc.tn.gov.in/judis

                     1/4
                                                                                 W.P.(MD).No.14922 of 2023


                     01.10.2022 and take necessary action against them within the time limit
                     prescribed by this Court.
                                        For Petitioner       : Mr.K.C.Ramalingam

                                        For R-1 & R-2       : Mr.S.Ravi,
                                                             Additional Public Prosecutor



                                                         ORDER

This petition has been filed for the issue of Writ of Mandamus

directing respondent Nos.1 and 2 to conduct an enquiry against

respondent Nos.3 to 9 as per the representations made by the petitioner

dated 14.03.2022 and 15.10.2022 as well as the CSR No.996/2022 issued

by the second respondent dated 01.10.2022 and to take necessary action

against them within the time limit prescribed by this Court.

2. Heard the learned counsel on either side.

3. This petition is not maintainable, in view of the Order passed

by a Division Bench of this Court in G.Prabhakaran v. The

Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489.

The Hon'ble Supreme Court in its latest judgment rendered by a three

Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5

CTC 464, after relying upon Sakiri Vasu Case, has categorically held https://www.mhc.tn.gov.in/judis

that the High Court cannot issue any direction for registration of FIR in

exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble

Supreme Court held that the informant has to necessarily avail of the

alternative remedy provided under Section 154 (3) of Cr.P.C., and

Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout

his remedy as per the directions issued by the Division Bench in the

order referred supra.

4. This Writ Petition is disposed of accordingly. No costs.

08.11.2024 Index :Yes/No Internet : Yes/No TSG To

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

2.The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.

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

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

N.ANAND VENKATESH.J.,

TSG

Order made in

Dated :

08.11.2024

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