A.P.A. Sabarivasa, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.40689 of 2016 A.P.A.Sabarivasa Petitioner Vs 1.The Superintendent of Police Ramnagar, Coimbatore.

2.The Deputy Superintendent of Police Karumathampatti Police Station Coimbatore.

3.The Inspector of Police Karumathampatti Police Station Coimbatore.

Respondents Writ Petition filed under Article 226 of the Constitution of India, to direct the 1st respondent to consider petitioner's representation dated 09.11.2016 in accordance to law seeking for the closure of the complaint given by the complainant Thiru P.V.Ravi in CSR No.165 of 2016 on the file of the Inspector of Police, Karumathampatti Police Station, the third respondent herein.

For petitioner :

Mr.N.Anbazhagan For Respondents : Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent to consider petitioner's representation dated 09.11.2016 in accordance with law seeking closure of the complaint given by the complainant Thiru P.V.Ravi in CSR No.165 of 2016 on the file of the Inspector of Police, Karumathampatti Police Station, the third respondent herein.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint lodged by Dr.P.V.Ravi, a petition enquiry is pending in CSR No.165 of 2016 against this petitioner. While so, the petitioner is said to have given a representation dated 09.11.2016 and thereafter, had filed the present writ petition for the above relief.

4. It is the case of the petitioner that he is likely to https://hcservices.ecourts.gov.in/hcservices/

be made as an accused in CSR No.165 of 2016 and therefore, in order to prevent the same, his representation dated 09.11.2016 should be considered by the police.

5. In the considered opinion of this Court, such a prayer is not maintainable, inasmuch as the statutory power of the police to conduct investigation flows from Chapter XII of the Code of Criminal Procedure and there is no statutory duty cast upon the police to consider such representation and pass orders. It is not patta proceedings.

In the result, this petition is devoid of merits and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gms To 1.The Superintendent of Police Ramnagar, Coimbatore.

2.The Deputy Superintendent of Police Karumathampatti Police Station,Coimbatore.

3.The Inspector of Police Karumathampatti Police Station Coimbatore.

+ 1 cc to M/s. P. Mahesh Kumar, Advocate Sr.67817 W.P No.40689 of 2016 NR1(CO) Eu 15.12.16 https://hcservices.ecourts.gov.in/hcservices/