Mekala v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Mekala ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Hospital Road (bypass road), Chengalpattu, Chenagalpattu District.

2. The Inspector of Police, District Crime Branch, (DCB II), Office of the Superintendent of Police, Chengalpattu, Chengalpattu District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.09.2024 and direct the second respondent to conduct enquiry and take appropriate legal action within a reasonable time.

For Petitioner : Mr.C.B.Murali Krishnan For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.09.2024 and direct the second respondent police to conduct enquiry and to take appropriate legal action within a reasonable time.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

3. The petitioner preferred a complaint as against the accused persons before the respondent police. The petitioner has filed this criminal original petition seeking direction to the respondents to consider the petitioner's representation. It is seen that the dispute between the

parties is civil in nature. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. The competent court is a Civil Court which can testify the veracity of the pleadings and the documents by way of oral and documentary evidence.

4. In view of the above, the Writ Petition is dismissed. However, the petitioner is at liberty to workout her remedy before the Civil Court, in the manner known to law. There shall be no order as to costs. 11.12.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police, Office of the Superintendent of Police, Hospital Road (bypass road), Chengalpattu, Chenagalpattu District.

2. The Inspector of Police, District Crime Branch, (DCB II), Office of the Superintendent of Police, Chengalpattu, Chengalpattu District.

3 . The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa 11.12.2024