Madras High CourtWP(MD)/1029/2022disposed of

Seenivasan v. The Superintendent Of Police

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

W.P(MD)No.1029 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.1029 of 2022 Seenivasan ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Vaiampatty Police Station, Trichy District.

3.Gopalsamy 4.Ramesh 5.Krishnasamy ... 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 1st and 2nd respondents to conduct the enquiry on the basis of the petitioner's complaint dated 18.12.2021 within a stipulated time fixed by this Court.

For Petitioner : Mr.M.Prabhu For Respondents : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R1 & R2.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. 2.The petitioner wants this Court to direct the second respondent to register an FIR based on the petitioner's complaint. The petitioner has an effective remedy under Criminal Procedure Code. Instead of invoking the same or moving the jurisdictional Magistrate, the petitioner has come to the writ Court straightaway. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1029 of 2022 Such a course of action cannot be permitted. 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 matter. No costs.

Sd/- Assistant Registrar(AE) // 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, Trichy District, Trichy.

2.The Inspector of Police, Vaiampatty Police Station, Trichy District.

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

W.P(MD)No.1029 of 2022 24.01.2022 nsn(CO) TR(08.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2