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Madras High CourtWP/33026/2018disposed of

V.Pichaimani, v. The Director Gneral Of Police,

2018-12-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.33026 of 2018 V.Pichaimani

...Petitioner

Vs.

1.The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

2.The Inspector General of Police, Trichy District, Trichy.

3.The Deputy General of Police, Thanjavur District, Thanjavur.

4.The Superintendent of Police, Thanjavur District, Thanjavur.

5.The Deputy Superintendent of Police, Pattukkottai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 14.02.2018, and take action against 1.Adbul Kapoor, 2.Periyaswamy,3. M. Peramaiyan and 4. Abdul Mailk who have forced Mr. Vetrivel to commit suicide.

For Petitioner : Mr. M. Madhu prakash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner for a direction to the 1st respondent to consider the representation made by the petitioner dated 14.02.2018 and to take appropriate action against the four accused persons.

It is seen from records that an FIR has already been registered by the Madukkur Police Station, Thanjavur in Crime No.133 of 2017 dated 21.06.2017, based on the complaint given by the brother in law of the deceased under section 174 of Cr.P.C. It is the grievance of the petitioner, who is the mother of the deceased, that there is absolutely no progress in the investigation and therefore a representation was made to the 1st respondent to take action against the accused persons. Since no action was taken by the 1st respondent, the present writ petition has been filed.

This Court is of the considered view that the present writ petition is not maintainable before this Court. If the petitioner is not satisfied with the manner in which the investigation is progressing in Crime No.133 of 2017, the petitioner has to seek for an appropriate remedy only by filing a petition before the High Court Bench at Madurai. An independent writ petition of this nature cannot be maintained before this Court.

This writ petition is disposed of, by giving liberty to the petitioner to move an appropriate petition seeking for transfer of investigation before the High Court Madurai bench and workout his remedy in accordance with law. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

2.The Inspector General of Police, Trichy District, Trichy.

3.The Deputy General of Police, Thanjavur District, Thanjavur.

4.The Superintendent of Police, Thanjavur District, Thanjavur.

5.The Deputy Superintendent of Police, Pattukkottai.

6.The Public Prosecutor, High Court, Madras.

W.P.No.33026 of 2018 nr 10/01/2019