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Madras High CourtWP/23426/2023disposed of

Yogapathy v. The Commissioner Of Police

2023-08-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Yogapathy .. Petitioner Vs.

1. The Commissioner of Police, The Greater Chennai Police, Avadi, Chennai.

2. The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.

3. Daniel Suresh

4. Malliga .. Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India praying for a writ of Mandamus directing the 1st respondent to conduct an enquiry and issue necessary direction to the 2nd respondent police to take appropriate action against the respondents 3 and 4 based on my representation dated 06.04.203.

For Petitioner : N.Edwin Jeyakumar 1/4

For Respondent No. : A.Damodharan Additional Public Prosecutor Madras High Court.

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 06.04.2023.

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

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submits that on the complaint given by the petitioner, petition enquiry is being conducted in C.No.1045/DC/Avadi on the file of the third respondent police.

4. The Second respondent is directed to conduct enquiry in line 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 2/4

enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The Second respondent is also directed to complete the enquiry and take a decision within a period of two

(2) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs 09.08.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Commissioner of Police, The Greater Chennai Police, Avadi, Chennai.

2. The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.

3. The Public Prosecutor Madras High Court, Madras.

N.ANAND VENKATESH, J 3/4

rka W.P.No.23426 of 2023 09.08.2023 4/4