A.Shabeer v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.15766 of 2021.

A.Shabeer ... Petitioner

Versus

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

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai.

3.Sunnabegum @ Mehaboolbegum ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the 1st respondent to issue necessary direction to the 2nd respondent to take appropriate legal action as against the 3rd respondent on the petitioner's complaint dt.28.04.2021, made to the 2nd respondent based on the petitioner's representation in the form of complaint dt.06.05.2021, made to the 1st respondent herein in person.

For Petitioner :

Mr.M.Prabakar For Respondents :

Mr.A.Damodaran Government Advocate (Crl.Side) for R1 & R 2

ORDER

The petitioner had filed this petition seeking to register the complaint dt.28.04.2021, based on his representation dt.06.05.2021.

2.The contention of the petitioner is that he got married to Sabana Parveen and blessed with two children and living happily

with his family. The petitioner used to engage in social service. In his neighbourhood, one Sunnnabegum @ Mehaboolbegum, W/o. Late Niyash @ Sardhar, also take part in social service. They jointly do social activities. The said Sunnabegum is also holding the post of Vice President of Thiruvannamalai District Women Wing of a political party. The said Sunnabegum had wrongly understood the relationship and she is forcing the petitioner to marry her. The petitioner is a married man and the said Sunnabegam is trying to degrade his name and reputation using her influence within ruling party. Hence, the respondent police are not taking any action on the complaint of the petitioner. The petitioner gave complaint on 28.04.2021 and also sent a representation to the Superintendent of Police on 06.05.2021.

Since no action taken, filed the above petition. 3.The learned counsel for the petitioner submitted that the said Sunnabegum has good connotations with influential persons, in all fields including advocates. Hence, the petitioner is unable to approach the Magistrate Court, to file an appropriate petition under Section 156(3) of Cr.PC.

Hence, he is constrained to approach this Court.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the complaint of the petitioner has not reached the respondent police and no proof is filed in the typed set.

5.In view of the above, the petitioner is directed to submit a copy of the complaint dt.28.04.2021, to the 2nd respondent and on receiving the said complaint, the 2nd respondent shall proceed with the same in accordance with law, in case if complaint is to be closed, serve the copy of the closure report with reasons, so that petitioner can workout his remedy in the manner known to law.

6.This writ petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kp

To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Prabakar, Advocate Sr No.36483 W.P.No.15766 of 2021 PCH (CO) PR (31/08/2021)