Subrathra v. The State, Rep. By The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.3234 of 2024 Subrathra ... Petitioner /vs./ 1.The District Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, District Crime Branch (DCB), Thoothukudi District.

3.Arumugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus,directing the second Respondent to conduct enquiry and initiate appropriate action against the third Respondent based on the Petitioner's complaint dated 14.12.2023.

For Petitioner : Mr.G.Sailendrababu For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/4

ORDER

The learned Counsel for the Petitioner submitted that the third Respondent in this Writ Petition is a relative of the Petitioner. He had borrowed money from the Petitioner to the tune of Rs.5,00,000/-, for which the Petitioner sought repayment of the same. The third Respondent had not repaid it. Instead, the third Respondent threatened the Petitioner, which forces her to give complaint with the first Respondent. The first Respondent had forwarded the same to the second Respondent. Till date, no case has been registered. Therefore, the Writ Petition had been filed seeking Writ of Mandamus against the Respondents 1 and 2 to conduct enquiry and initiate appropriate action against the third Respondent based on the complaint of the Petitioner dated 14.12.2023.

2. The learned Government Advocate on instructions of the Respondents 1 and 2 would submit that based on the complaint of the Petitioner, the Respondent Police had registered the case in current paper Na.Ka.No.P4/047818/4009/2023 dated 14.12.2023 and Na.Ka.No.P4/692/DCB/TUT/2023, dated 15.12.2023, in which the enquiry was 2/4

held. Based on enquiry, it was found out that the civil suit had been filed by the Petitioner in O.S.No.181 of 2023 before the District Munsif Court, Thoothukudi. Since the civil suit is pending, the parties were directed to get appropriate orders from the Civil Court. Therefore, the current paper was closed.

3. Recording the submission of the learned Government Advocate (Criminal Side), this Writ Petition is closed. No costs. 14.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The District Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, District Crime Branch (DCB), Thoothukudi District.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.3234 of 2024 Dated:

14.02.2024 4/4