Madras High CourtWP/21983/2023disposed of

K.Senthil v. The Superintendent Of Police

2023-07-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Senthil S/o.Late Kathirvel

...Petitioner

Vs 1.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore District, Coimbatore - 641 018.

2.The Deputy Superintendent of Police, O/o.The Superintendent of Police, Land Grabbing Special Cell, 3rd Floor, Railway Station Road, Coimbatore - 641 018.

3.The Inspector of Police, Kovilpalaiyam Police Station, Kovilpalaiyam, Coimbatore District.

4.N.Jagadeesh S/o.N.Narasimman 5.M.Senthilvel S/o.Muthusamy Kavundar 6.R.S.Sibikumar S/o.M.Senthilvel ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to conduct enquiry on the petitioner's complaint dated 05.04.2023 and take necessary action against respondents 4 to 6. For Petitioner : Mr.G.Saravanabhavan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R3] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent police to conduct enquiry on the complaint given by the petitioner on 05.04.2023.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing on behalf of respondents 1 to 3.

3. Learned Additional Public Prosecutor appearing for the respondents 1 to 3 submits that on the complaint given by the petitioner, petition enquiry is being conducted in C.No.16/SDO-KMPT.PS/2023, dated 06.06.2023 on the file of the third respondent police. 2/4

4. The third respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the Supreme Court has enumerated the nature of cases where preliminary enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The third respondent is also directed to complete the enquiry and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. 26.07.2023 Index : Yes/No Speaking order:Yes/No gm 3/4

N.ANAND VENKATESH, J gm To 1.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore District, Coimbatore - 641 018.

2.The Deputy Superintendent of Police, O/o.The Superintendent of Police, Land Grabbing Special Cell, 3rd Floor, Railway Station Road, Coimbatore - 641 018.

3.The Inspector of Police, Kovilpalaiyam Police Station, Kovilpalaiyam, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

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