S.Balasubramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.3575 of 2024:

S.Balasubramanian ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

3.Thirumaran S/o Rajappa

...Respondents

(R3 is impleaded vide Court order date 29.02.2024 in WMP(MD) No.4073 of 2024 in WP(MD) No.3575 of 2024 by SSKJ) WP(MD)No.5075 of 2024:

J.Jamal Hasan Aliyar ... Petitioner Vs.

1.The Commissioner of Police, 1/5

2.The Inspector of Police, Perumalpuram Police Station,

...Respondents

COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, by directing the respondents to take action on the petitioners' complaint dated 11.02.2024, 03.01.2024 in the light of the dictum laid down by the Honourable Supreme Court of India in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others, reported in 2014 (2) SCC 1. For Petitioner : Mr.R.Anand For R1 and R2 : Mr.T.Senthil Kumar Additional Public Prosecutor (In both WPs) For R3 : Mr.Sasikumar (In WP(MD) No.3575 of 2024) C O M M O N O R D E R The petitioners with a grievance that the respondent police has not acted upon their complaint have approached this Court, seeking a Mandamus, to direct the respondents to take action on the petitioners' complaints.

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2.If any complaint has been lodged before the respondent police, the respondent police is expected to register a case, if any cognizable offence is made out as per Section 154 of Cr.P.C. In case, if the respondent police has not acted upon, the petitioner is having a remedy before the Superintendent of Police under Section 154(3) of Cr.P.C. Apart from this, the petitioner is also having another remedy before the concerned Judicial Magistrate under Section 156(3) of Cr.P.C. 3.In view of the above, these writ petitions are closed with liberty to the petitioner to invoke the available remedies, which are available under the provisions of Criminal Procedure Code. No costs. 03.06.2024 Index :Yes/No Internet : Yes/No vrn 3/5

To 1.The Commissioner of Police, 2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

4.The Inspector of Police, Perumalpuram Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

Madurai.

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B.PUGALENDHI,J.

vrn Common Order made in 03.06.2024 5/5