Balaji v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.3897 of 2025 Balaji ... Petitioner Vs

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

2. The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

3. Santhanam ... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondent No. 2 to conclude the enquiry based on the petitioner's compliant dated 13.01.2025 within time frame as fixed by this Honble Court.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This petition is filed by the petitioner to direct the 2nd respondent to conclude the enquiry based on the complaint dated 13.01.2025 within the time fixed by this Court.

2. According to the petitioner, he is running a petty shop in the name of New Velmurugan Store situated opposite to Sivan Kovil, Arumugneri. While so, when he was in shop on 09.01.2025, the police entered into the shop and searched the premises stating that he is selling tobacco products. After search, they were unable to find out any tobacco material and at the time of search, they wants to open the cash box and thereafter, they took money for a sum of Rs.13,000/- from the cash box. That apart, the petitioner had a sum of Rs.1,30,000/- chit amounts, the police had taken Rs.1,00,000/- and also recovered two cell phones and registered a case in Crime No.10 of 2025 for statistical purpose. Therefore, he made a complaint to the higher officers, but no action was taken and again on 13.01.2025, he gave another complaint to the 1st respondent through post, but no action was taken. Hence, he filed this petition.

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3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that since there are some allegations as against the police officials, the 1st respondent Superintendent of Police is enquiring the matter, but the petitioner has not cooperated for the enquiry. The petitioner has so many previous cases and without appearing for the equiry, he filed this petition. Therefore, this petition is liable to be dismissed.

4. Considering the limited scope of the prayer sought for in this petition and recording the submissions of the learned Additional Public Prosecutor, and also considering the facts and circumstances of the case, this Court directs the petitioner to appear before the 1st respondent Superintendent of Police, Thoothukudi District on 20.02.2025 and thereafter, the 1st respondent has to complete the enquiry within one week.

5. With the above said direction, this writ petition is disposed of. No costs.

14.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

P.DHANABAL , J.

mac To

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

2. The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

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

W.P(MD)No.3897 of 2025 14.02.2025 Page No. 4 of 4