Madras High CourtWP/4500/2023disposed of

Manikandan v. The Superintendent Of Police,

2023-02-16Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN W.P.No.4500 f 2023 Manikandan ... Petitioner Vs.

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Thirumanur Police Station, Ariyalur District. ... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus to direct the respondents to conduct enquiry and to register the case on the complaint of the petitioner dated 21.12.2021.

For Petitioner : Mr.V.Illanchezian For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed to direct the respondents to conduct enquiry and to register the case on the complaint of the petitioner dated 21.12.2021.

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2. The learned counsel for the petitioner submitted that there is a land dispute between the petitioner and the accused persons Kumar, Sumathi and Sasikumar. Petitioner gave a complaint against them before the respondent police. However, till now, no FIR was registered. On the other hand, on the basis of the complaint given by Kumar, FIR in Crime No.320 of 2021 was registered for the offence under Sections 341, 294(b), 307 of IPC against the petitioner and two others. Certain Police Officials of Thirumanur and Venganur Police Station are assisting the accused and not taking proper action against the accused. Therefore, petitioner gave a complaint against the accused as well as the Police Officials on 21.12.2021 before the 1st respondent, however, till now, no action was taken. Therefore, present petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that on the basis of the complaint given by the brother of the petitioner Navaneedhan, enquiry in C.S.R.No.111 of 2021 was pending and then the matter was referred to RDO for proceedings under Section 107 of Cr.P.C. Now, the matter is pending before RDO.

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4. In the light of the submission made by the learned Government Advocate (Crl. Side) that matter is pending before RDO, this Court is of the view that no order can be passed for registering the complaint. Petitioner is directed to participate in the RDO enquiry and seek appropriate remedy in the manner known to law.

4. With the above directions, this Writ Petition is disposed of. 16.02.2023 Internet:Yes Index:Yes/No Sma To:

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Thirumanur Police Station, Ariyalur District.

3.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

sma W.P. No.4500 of 2023 16.02.2023 4/4