V.Malarvanan v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN V.Malarvannan ... Petitioner Vs.
1. The Commissioner of Police No.132, E.V.K. Sampath Road Periyamedu, Vepery Park Town, Chennai - 600 007
2. The Deputy Commissioner of Police (D.C.P.) Lattice Bridge Road, Adyar, Chennai - 600 020
3. The Inspector of Police (L & O) J-9, Thuraipakkam Police Station Chennai - 600 097 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st to 3rd respondents to consider the petitioner's representation dated 16.12.2024. Consequently, direct 1/5
the cancellation of the summons dated 13.12.2024 and 16.12.2024 issued in C.S.R. No.1080/2024 till the final disposal of W.P. No.36852 of 2024. For Petitioner : Mr.Chella Muthu Rengaraju For Respondents : Mr.S.Sugendran Additional Public Prosecutor
ORDER
This Writ Petition has been filed by the petitioner seeking direction to the respondents 1 to 3 to consider the petitioner's representation dated 16.12.2024 and consequently, direct for the cancellation of the summons dated 13.12.2024 and 16.12.2024 issued in C.S.R. No.1080/2024 till the final disposal of W.P. No.36852 of 2024.
2. Heard both sides and perused the materials available on record.
3. It is seen that the petitioner has lodged a complaint and the same has been taken on file in C.S.R. No.1080 of 2024 and since no action was taken by the 3 rd respondent police, the petitioner has filed a writ petition before this 2/5
Court in W.P.No.36852 of 2024 and this Court by order dated 04.12.2024, has ordered notice and adjourned the matter to 23.01.2025 for filing AoS and counter. Subsequently, 3 rd respondent police has issued summons to the petitioner calling upon the petitioner to appear for equiry. Challenging the same, the petitioner has filed the present petition before this Court to cancel the summons issued by the 3 rd respondent police.
4. The learned Additional Public Prosecutor appearing for the respondents police submitted that based on the complaint given by the petitioner, summons were issued to the petitioner for enquiry and instead of cooperating for enquiry, the petitioner has rushed to this Court and filed this petition.
5. It is seen that only summons have been issued to the petitioner to appear for enquiry based on the complaint lodged by the petitioner himself and instead of co-operating for enquiry, the petitioner has filed this petition which is nothing but abuse of process of Court.
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6. Therefore, this Writ Petition is dismissed. There shall be no order as to costs.
02.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Commissioner of Police No.132, E.V.K. Sampath Road Periyamedu, Vepery Park Town, Chennai - 600 007
2. The Deputy Commissioner of Police (D.C.P.) Lattice Bridge Road Adyar, Chennai - 600 020
3. The Inspector of Police (L & O) J-9, Thuraipakkam Police Station Chennai - 600 097
4. The Public Prosecutor, High Court of Madras.
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P.VELMURUGAN. J.
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