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Madras High CourtWP(MD)/823/2024dismissed

Asai Alangaram v. The Superintendent Of Police,

2024-01-18Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2024

CORAM:

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA S.Asai Alangaram ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent herein to take appropriate action on the basis of the petitioner's representation dated 03.11.2023.

For Petitioner : Mr.A.Shajahan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

This Writ Petition is filed for a direction to the second respondent to take appropriate action on the basis of the petitioner's representation dated 03.11.2023.

2. The grievance of the petitioner is that the accused had fabricated documents to get the electricity service connection transferred in his name which actually stood in the name of the petitioner and in this regard, a complaint was given by the petitioner to the second respondent Police. Though the second respondent Police issued summons under Section 160 Cr.P.C., the accused did not appear before him. He therefore prayed for a direction to the second respondent to take proper action on the basis of his representation dated 03.11.2023 given by the present petitioner.

3. The learned Additional Public Prosecutor on instructions would contend that a circular has been issued by the Additional Director General of Police, Law and Order stating that the Police officers should refrain from entertaining any civil complaint. He also filed a copy of the said circular. 2/4

4. In the instant case, the main contention of the petitioner is that the accused has forged the signature and got the electricity service connection transferred in his name. In such circumstances, he can very well approach proper forum for redressing his grievance and this Court cannot conduct roving enquiry as to whether the accused actually had forged the signature of the petitioner.

5. In view of the same, this Writ Petition is dismissed. No costs. 18.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

3/4

R. HEMALATHA, J.

Nsr 18.01.2024 4/4