V.Sarvanan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Saravanan ... Petitioner Vs

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

2. The Deputy Superintendent of Police, Gobichettipalaym, Erode District.

3. The Inspector of Police, Kavandapadi Police Station, Erode District.

(Crime No.37 of 2025) ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, the second and third respondents to consider the petitioner's representation dated 28.02.2025 within stipulated time fixed by this Court.

For Petitioner : Mr.M.Guruprasad For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) 1/4

O R D E R

With consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself.

2. This Writ Petition has been filed to direct the second and third respondents to consider the petitioner's representation dated 28.02.2025 within a stipulated time that may be fixed by this Court.

3. On a perusal of the representation dated 28.02.2025, it reveals that the petitioner sought for alteration of the offences registered in Crime No. 37 of 2025. On the complaint lodged by the petitioner, already the third respondent registered the First Information Report in Crime No. 37 of 2025 for the offences punishable under Sections 296(b), 116(1), and 351(3) of BNS. After registration of the First Information Report, the third respondent conducted a detailed investigation and closed the case as a mistake of fact on 13.03.2025 itself. Therefore, the representation submitted by the petitioner seeking alteration of the offences cannot be considered, and the Writ Petition is devoid of merits and is liable to be dismissed. 2/4

4. Accordingly, this Writ Petition is dismissed. However, if any referred charge sheet is served on the petitioner, he can very well file a protest petition in the manner known to law, if he is so advised. No costs. 22.04.2025 Index:Yes/No kv To

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

2. The Deputy Superintendent of Police, Gobichettipalaym, Erode District.

3. The Inspector of Police, Kavandapadi Police Station, Erode District.

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

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G.K.ILANTHIRAIYAN, J.

kv 22.04.2025 4/4