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Madras High CourtWP/28112/2021dismissed

R.S.Abdullah Shariff v. The Director General Of Police

2021-12-29Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.12.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN W.P.No.28112 of 2021 R.S.Abdullah Shariff

...Petitioner

Vs.

1. The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai- 600004.

2. The Inspector of Police (L&O) Ranipet Police Station Ranipet-632 401

3. Dy. Superintendent of Police Ranipet-632 401

4. Superintendent of Police Ranipet-632 401

5. The District Collector Ranipet District Ranipet - 632 401

6. S.Habibullah Shariff

7. R.S.Mazhar Shariff

8. Showkath Begum 9.G.Shabbir Sharif

...Respondents

Prayer: The Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other appropriate writ or order or direction in the Nature of Writ against the police authorities viz. R1, R2 and R3 to conduct proper enquiry based on the written complaint lodged by the petitioner dated 28.09.2021 which is kept in cold storage and book Respondents 6, 7, 8 and 9 in accordance with law and as per procedure established by law and punish them for their felonious wrongful acts.

For Petitioner : Mr.M.K.Hidayatullah For Respondents 1 to 4 : Mr.S.Sugendran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner has filed the writ petition stating that he had filed several complaints before the respondents 1, 2 and 3 to initiate action against the respondents 6, 7, 8 & 9 for the derogatory and defamatory accusation made by them. Since, they have not taken any action, lastly the petitioner sent a legal notice by R.P.A.D. containing the complaint dated 28.09.2021. Even thereafter, they have not taken any action. Hence, the petitioner has filed the present writ petition before this Court seeking for a direction to the respondents 1, 2 & 3 to conduct proper enquiry based on his written complaint dated 28.09.2021 against the respondents 6, 7, 8 and 9 in accordance with law.

2. The learned counsel for the petitioner would submit that the petitioner had approached the respondents 1, 2 & 3 by way of complaint for taking action against the respondents 6, 7, 8 & 9 and they had not taken any steps. At last, the petitioner sent a legal notice on 02.11.2021 and even thereafter, the respondents 1, 2 & 3 have not taken any steps to register the case against the respondents 6, 7, 8 & 9. Hence, the petitioner has filed the present writ petition before this Court.

3. The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 4 would submit that now the complaint given by the petitioner is at the stage of petition enquiry and they have also sent summons to the respondents 6, 7, 8 & 9 for their appearance and enquiry on 07.01.2022 and after conducting enquiry, if prima facie case is made out, they would proceed the case in accordance with law.

4. Admittedly the petitioner has filed this writ petition in the Nature of Writ of Mandumus seeking direction to the police authorities viz. R1, R2 and R3 to conduct proper enquiry based on the written complaint lodged by the petitioner dated 28.09.2021 duly received by them through R.P.A.D. and book against the Respondents 6, 7, 8 and 9 in accordance with law. The learned Government Advocate (Crl. Side) submits that the petition enquiry on the complaint given by the petitioner is pending and they have also summoned the respondents 6, 7, 8 & 9 for their appearance. Further, a perusal of the record reveals that there is also a Civil suit pending and the respondent police have to look into the matter and find out if any criminal dispute is involved in this case. Since the respondents 1, 2 & 3 have already taken steps to conduct preliminary enquiry to find out the prima facie case, the petition has become infructuous. Further, in the cases of this nature, without conducting preliminary enquiry, one cannot come to the conclusion whether

the dispute is civil in nature or criminal and straight away criminal cases cannot be registered. Therefore, under these circumstances, the prayer sought for by the petitioner has become infructous, Accordingly, this writ petition is dismissed as infructous. No costs.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar ksa-2/dsn To

1. The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai- 600004.

2. The Inspector of Police (L&O) Ranipet Police Station Ranipet-632 401

3. The Dy. Superintendent of Police Ranipet-632 401

4. Superintendent of Police Ranipet-632 401

5. The District Collector Ranipet District Ranipet - 632 401 +2cc to Mr.M.K.Hidayatullah, Advocate,Sr.No.69932 W.P.No.28112 of 2021 KKV/03/02/2022