Gnanasundaravalli v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2947 of 2024 Gnanasundaravalli ... Petitioner /vs./ 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

3.Sangilikaruppu 4.Chellapandi 5.Ayyanar 6.Saravanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to issue necessary 1/5

direction to the 2nd Respondent to take appropriate action on the basis of the petitioner's representation dated 24.01.2024 taken in C.S.R.No.106/2024 on the file of the 2nd Respondent police, based on the petitioner's representation dated 31.01.2024 made to the 1st Respondent.

For Petitioner : Mr.A.Ramesh For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submits that the Petitioner had filed this Writ Petition seeking direction against the second Respondent to take action on the basis of the Petitioner's representation dated 24.01.2024 in C.S.R.No.106 of 2024.

2.The learned Additional Public Prosecutor, on instructions of the Respondents 1 and 2, would submit that on the basis of the complaint of the Petitioner, CSR.No.106 of 2024 was registered. After the registration of CSR.No. 106 of 2024, the Petitioner as well as the Respondents 3 to 6 were summoned. He would further submit that on enquiry, the defacto Complainant/the Petitioner 2/5

herein did not appear and co-operate with the pending enquiry. The second Respondent visited the scene of occurrence and from the enquiry conducted in the vicinity of the place of residence of the Petitioner, he found that no such occurrence took place. Therefore, the second Respondent had closed CSR.No.106 of 2024 on 13.02.2024.

3.The learned Counsel for the Petitioner vehemently objects to the closure of the CSR stating that it is not a proper procedure, when the Respondents 3 to 6 are alleged to have attacked the Petitioner and the Respondent Police had not taken steps to register the case.

4.Since the learned Additional Public Prosecutor reports that the Petitioner had not co-operated with the enquiry and CSR having been closed, the Petitioner is directed to approach the Court of the learned Judicial Magistrate concerned and file appropriate Petition.

3/5

With the above directions, this Writ Petition is closed. No costs. 13.02.2024 Index : Yes / No Internet : Yes / No mm TO:

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

2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.2947 of 2024 Dated:

13.02.2024 5/5