Chinraj 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.1989 of 2025 Chinraj ... Petitioner Vs.

1. The Superintendent of Police Dindigul District Dindigul

2. The Inspector of Police All Women Police Station Sanarpatti, Dindigul District 3.Gnanaprakash ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to take appropriate action on the petitioner's complaint dated 17.01.2025 in CSR No.21 of 2025.

For Petitioner :Mr.C.Ezhilarasu For Respondents :Mr.A.Thiruvadi Kumar No.1 and 2 Additional Public Prosecutor 1/5

ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second respondent to take appropriate action upon the petitioner's complaint 17.01.2025 in CSR No.21 of 2025.

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 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 2/5

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. Accordingly, this Writ Petition is dismissed with liberty to the Petitioner to approach the 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 3/5

To

1. The Superintendent of Police Dindigul District Dindigul

2. The Inspector of Police All Women Police Station Sanarpatti, Dindigul District

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

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K.K.RAMAKRISHNAN ,J.

aav W.P(MD)No.1989 of 2025 27.01.2025 5/5