Madras High CourtWP/27744/2018dismissed

G.Rajavel v. Secretary To Government

2019-01-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.27744 of 2018 G.Rajavel ... Petitioner -Vs1. Secretary to Government, Home Department, Fort St. George, Chennai

2. Deputy Inspector General of Police, Villupuram Range, Villupuram.

3. Superintendent of Police, Office of Superintendent of Police, Cuddalore.

4. Raveendra Raj, Inspector of Police, Township Police Station, Neyveli Township.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to take necessary departmental action as against the 4th Respondent for the misconduct committed in the reception of the Complaints.

For Petitioner : Mr.P.Paramasiva Doss For R1 to R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This writ petition has been filed to take departmental action against the 4th respondent for refusing to register an FIR, even though a cognizable offence was made out in the complaint.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that subsequently the FIR was registered after the directions given by the concerned Magistrate under Section 156 (3) of Cr.P.C.

3. The relief as sought for by the petitioner cannot be granted by this Court and departmental action cannot be initiated for non-registering the FIR. The petitioner has to workout his remedy in the manner known to law as against the accused person and he cannot target the police for the same.

4. In the result, this Writ Petition is dismissed. No Costs. ssr/kal Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, Home Department, Fort St. George, Chennai

2. The Deputy Inspector General of Police, Villupuram Range, Villupuram.

3. The Superintendent of Police, Office of Superintendent of Police, Cuddalore.

5. The Public Prosecutor, High Court, Madras.

W.P.No.27744 of 2018 VSNII-(CO) KAK(26/02/2019) https://hcservices.ecourts.gov.in/hcservices/