Madras High CourtWP(MD)/961/2022disposed of

John Benadict.A v. The Superintendent Of Police

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.961 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.961 of 2022 A.John Benadict ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

4.Virgil Lopes 5.Johni Micheal Verginiya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 more particularly the 3rd respondent to consider the representation of the petitioner's uncle dated 11.10.2021.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R1 to R3.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 3. 2.The petitioner's grievance is that the complaint given by his uncle has not been acted upon by the respondent police. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.961 of 2022 petitioner is having an effective remedy under the provisions of Criminal Procedure Code. Without exhausting the same or without moving the jurisdictional Magistrate, the petitioner cannot straightaway come to the writ Court. Therefore, leaving open the petitioner's other rights and remedies, this writ petition is disposed of. I make it clear that I have not gone into the merits of the of the matter. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.961 of 2022 24.01.2022 nsn(CO) TR(10.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2