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Madras High CourtWP/5876/2025dismissed

Vijayagopal v. The Superintendent Of P Olice

2025-02-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vijayagopal ... Petitioner Vs.

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

2. The Inspector of Police, Kothagiri Police Station, Kothagiri.

3. The Sub-Inspector of Police, Kothagiri Police Station, Kothagiri.

4. B. Chandra Sekar ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the first respondent to appoint a competent police officer other than the 3rd respondent to conduct an enquiry on the petitioner's complaint dated 07.12.2023 on the file of the 1st respondent police station in accordance with law within a time stipulated by this Court.

For Petitioner : MrU.Gokulakrishnan For Respondent Nos.1 to 3 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The present Writ Petition has been filed to direct the first respondent to appoint a competent police officer other than the 3rd respondent to conduct an enquiry on the petitioner's complaint dated 07.12.2023 on the file of the 1st respondent police station in accordance with law within a time that may be fixed by this Court.

2. The petitioner cannot choose an Enquiry Officer on his complaint. That apart, if the police concerned fails to take an appropriate action on the complaint, the petitioner is at liberty to approach the Jurisdictional Court concerned for appropriate relief as contemplated under Section 202 of Cr.P.C. Therefore, the prayer sought for in this Writ Petition cannot be granted.

3. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

20.02.2025 asi To

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

2. The Inspector of Police, Kothagiri Police Station, Kothagiri.

3. The Sub-Inspector of Police, Kothagiri Police Station, Kothagiri.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

asi 20.02.2025