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Madras High CourtWP/16357/2023dismissed

A.Anbalagan v. The Superintendent Of Police

2023-05-25Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2023

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and W.M.P.No.15734 of 2023 A.Anbalagan ... Petitioner

Versus

1.The Superintendent of Police, Thirupattur District, Thirupathur-635 601 2.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur-635 601 Thirupathur District.

3.R.Yogalakshmi 4.B.Jeganprasath ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the First and Second Respondent herein to initiate appropriate further course of legal action against the 3rd and 4th respondents pursuant to the CSR No.248 of 2023 dated 07.05.2023 and also complaint dated 19.05.2023 in accordance with law. Page No.1 of 4

For Petitioner : Mr.J.Selvarajan For Respondents : Mr.V.J.Priyadarsana Government Advocate (Crl.Side) for R1 and R2

ORDER

This Writ Petition has been filed seeking for a direction to the First and Second Respondent to initiate appropriate further course of legal action against the 3rd and 4th respondents pursuant to the CSR No.248 of 2023 dated 07.05.2023 and also complaint dated 19.05.2023 in accordance with law.

2.Learned Counsel for the Petitioner seeks interim injunction in the Writ Petition.

3. This Court is of the view that seeking a direction to register the F.I.R is not maintainable under Article 226 of the Constitution of India, filing a petition under 482 Cr.P.C is only maintainable that too after exhausting the remedy available under Section 154 and 156 Cr.P.C before Page No.2 of 4

the Court of the learned Judicial Magistrate. While so, filing this Writ Petition seeking a remedy that has to be granted by the Civil Court is not maintainable.

4.This Writ Petition stands dismissed. No Costs. Consequently, the connected miscellaneous petition is closed.

25.05.2023 Index: Yes/No Speaking Order: Yes/No Anu/sma To 1.The Superintendent of Police, Thirupattur District, Thirupathur-635 601 2.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur-635 601 Thirupathur District.

Page No.3 of 4

SATHI KUMAR SUKUMARA KURUP , J.

Anu and W.M.P.No.15734 of 2023 25.05.2023 Page No.4 of 4