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Madras High CourtWP(MD)/1477/2022disposed of

Ilavarasan.M v. The Commissioner Of Police

2022-01-27Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.1477 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1477 of 2022 M.Illavarasan ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, E Pudhur Police station, Trichy City.

3.Anantha Murugan ... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to take action of the complaint to register the case against third respondent, based on the petitioner's commplaint, dated 13.12.2021. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.Side) for R.1 & R.2

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

2. The petitioner wants this Court to direct the second respondent to take action on his complaint. The learned Government Advocate (Criminal Side) would point out that the petitioner is shown as A.1 in Crime No.527 of 2021 registered on the file of the second respondent. If the petitioner had any grievance that his complaint has not been registered, the remedy open to the petitioner to take up the matter with the superior officer and if https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1477 of 2022 still there is no relief, to move the jurisdictional Magistrate. The Criminal Procedural Code had provided effective remedy for the petitioner. Without availing the same, the petitioner cannot straight away invoke writ jurisdiction. Leaving open other rights and remedies of the petitioner, Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, E Pudhur Police station, Trichy City.

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

ORDER MADE IN W.P(MD)No.1477 of 2022 27.01.2022 PKP/25.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2