P.Praveen Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.2037 of 2025 P.Praveen Kumar ... Petitioner Vs.

1. The Superintendent of Police Madurai Madurai District

2. The Tamil Nadu State Commission for SC/STAct(TNBSCSCST) No.737, Anna Salai Service St. Fort George Chennai

3. The Assistant Commissioner of Police Anna Nagar, Madurai

4. The Inspector of Police Anna Nagar Police Station Madurai 5.Raja

6. Revathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 24.12.2024 and take appropriate 1/5

action against the respondents 5 and 6 within the time limit stipulated by this Court forthwith.

For Petitioner :Mr.C.Prithviraj For Respondents :Mr.A.Thiruvadi Kumar No.1 to 4 Additional Public Prosecutor

ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 24.12.2024 and take appropriate action against the respondents 5 and 6 within the time limit stipulated by this Court forthwith.

2. Heard Mr.S.Ramasamy learned Counsel for the Petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents.

3.In the Ruling of Division Bench of this Court in a batch of Criminal Original Petitions reported in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, it was stated that the Writ Petition seeking 2/5

direction to register the case cannot be ordered. Only Criminal Original Petition under Section 482 of Cr.P.C., can be filed for a direction to register the case. Also in the same judgment, it was stated that the Complainant, before approaching this Court, in cases, where the Police refused to register the case, has to exhaust the remedy available under Section 156(3) Cr.P.C., by filing a Petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate Court concerned. Only the learned Judicial Magistrate has to pass appropriate orders directing the Police concerned to register a case and investigate. Even after such direction, if the Police had not registered a case, then the Complainant can approach this Court under Section 482 of Cr.P.C. seeking a direction to register a case.

For this, there shall be a reasonable time of 15 days or one month from the date of the order passed by the learned Judicial Magistrate concerned for the Investigation Officer or the Police Officer to register a case. Only after the expiry of 15 days or one month from the date of order of learned Judicial Magistrate, the Complainant can approach this Court under Section 482 Cr.P.C. seeking direction. 4.Instead of following the said guidelines, the Petitioner herein had approached this Court straightaway seeking Writ of Mandamus. Hence, this Writ Petition is not maintainable.

concerned Court as per the reported ruling of the Hon'ble Division Bench of this Court. No costs.

27.01.2025 Index : Yes / No Internet : Yes/No aav To

1. The Superintendent of Police Madurai Madurai District

2. The Tamil Nadu State Commission for SC/STAct(TNBSCSCST) No.737, Anna Salai Service St. Fort George Chennai

3. The Assistant Commissioner of Police Anna Nagar, Madurai

4. The Inspector of Police Anna Nagar Police Station Madurai

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

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K.K.RAMAKRISHNAN ,J.

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