M.Sivakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018 CORAM :

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P. No.10005 of 2018 M.Sivakumar

...Petitioner

vs.

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

2. Mr.Shanmugam, (626) The Sub Inspector of Police, Sipcot Police Station, Ranipet, Vellore District.

3. Tmt. Senthamarai, (2), The Inspector of Police, Ambur Women Police Station, Paventhar Street, Ambur, Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue appropriate writ, orders or directions and in particular issue a Writ of Mandamus, directing the first respondent to enquire the entire issues relating to the complaint dated 11.05.2015 and 13.07.2015 of the petitioner and take necessary and appropriate action against second and third respondents.

For petitioner : Mr.S.T.Varadarajulu For Respondents : D.Raja Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking to direct the first respondent to enquire the entire issues relating to the complaint dated 11.05.2015 and 13.07.2015 of the petitioner and take necessary and appropriate action against second and third respondent.

2. The petitioner has given two complaints dated 17.04.2015 and 11.05.2015 to the Superintendent of Police, Vellore District, making allegations against one Ramamurthy and Balaji and thereafter has filed the present writ petition, with the above prayer.

3. Heard Mr.S.T.Varadarajulu, learned counsel for the petitioner and Mr.D.Raja, learned Additional Government Pleader for the respondent.

4. In the opinion of this Court, the complaint can be lodged only to the Station House Officer, under Section 154 Cr.P.C. and not to the District Superintendent of Police. That apart, this petition is not maintainable, in view of the law laid down in the Sugesan Transport Pvt. Ltd., -Vs- The Assistant Commissioner of Police, J2, Adyar Police Station, Adyar, Chennai-600 020 and another [2016 (5) CTC 577 : 2016-2-LW (Crl.) 499].

5. Hence, this petition is closed, with liberty to the petitioner to work out his remedy, in the manner set out in Sugesan (supra).

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dh / avr To

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

2. The Sub Inspector of Police, Sipcot Police Station, Ranipet, Vellore District.

3. The Inspector of Police, Ambur Women Police Station, Paventhar Street, Ambur, Vellore District.

4. The Additional Government Pleader High Court, Madras.

+1cc to Mr.S.T.Varadarajulu Advocate, S.R.No.30136 +1cc to the Government Pleader, S.R.No.30762 W.P. No.10005 of 2018 RSI(CO) CS/17/05/18