A.Baranidaran v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.M.P.No.36192 of 2004 W.P.No.29800 of 2004:

A.Baranidaran

...Petitioner

-Vs1. The State of Tamilnadu Represented by The Home Secretary to Government,

2. The State of Tamilnadu Represented by The Superintendent of Police,

3. S.T.Rajan, Inspector of Police, Komangalam Police Station, Komangalam, Coimbatore District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the custom of issuing of petition receipts in lieu of FIR's, compounding of noncompoundable offences at station houses and refusal to receive statutory correspondence under Section 154(3) Cr.P.C., as illegal and ultra vires the provision of Act 2 of 1974 (Code of Criminal Procedure). For Petitioner : No appearance For Respondents For R1 : Ms.V.Yamunadevi Special Government Pleader For R2 & R3 : Mr.S.Rajakumar Additional Public Prosecutor W.P.No.29801 of 2004:

A.Baranidaran

...Petitioner

-Vs1. The State of Tamilnadu Represented by The Home Secretary to Government,

2. The State of Tamilnadu Represented by The Superintendent of Police, ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to initiate appropriate department and penal proceedings against the concerned police personnel and to dispose of the petitioner's telegraphic and written representation dated 10.9.04 and 13.9.04, in accordance with the law.

For Petitioner : No appearance For Respondents For R1 : Ms.V.Yamunadevi Special Government Pleader For R2 : Mr.S.Rajakumar Additional Public Prosecutor COMMON ORDER These Writ Petitions have been filed to declare that the custom of issuing of petition receipts in lieu of FIR's, compounding of non-compoundable offences at station houses and refusal to receive statutory correspondence under Section 154(3) Cr.P.C., as illegal and ultra vires the provision of Act 2 of 1974 and to direct the respondents to initiate appropriate department and penal proceedings against the concerned police personnel and to dispose of the petitioner's telegraphic and written representation dated 10.9.04 and 13.9.04

2.

The prayer sought for in these petitions has become infructuous and hence both the Writ Petitions are dismissed as infructuous. Consequently, connected miscellaneous petition is closed. There shall be no order as to cost.

13.04.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

To

1. The Home Secretary to Government, The State of Tamilnadu,

2. The Superintendent of Police, State of Tamilnadu, 3.The Inspector of Police, Komangalam Police Station, Komangalam, Coimbatore District.

4. The Public prosecutor, Madras High Court,

G.K.ILANTHIRAIYAN. J, rts W.P.M.P.No.36192 of 2004 13.04.2023