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Madras High CourtWP(MD)/4057/2020dismissed

A.Suguna v. The Inspector General Of Police

2022-02-22Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.4057 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.4057 of 2020 A.Suguna

...Petitioner

/Vs./ 1.The Inspector General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Coimbatore City, Coimbatore District.

3.The Inspector of Police, Kinathukadavu Police Station, Coimbatore-642 109.

4.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District-630 611.

5.Sundaramoorthy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 2 to initiate legal action as against the 5th respondent for his misuse of his official capacity based on the petitioner's representation dated 17.12.2019 within a time stipulated by this Court. For Petitioner : Mr.S.Vinodh For R1 to R4 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

For R5 : No Appearance

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to initiate legal action against the 5th respondent. 2.It is the grievance of the petitioner that having filed the First Information Report in Crime No.393 of 2019 dated 23.11.2019, still the 5th respondent was not arrested.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4057 of 2020 3.As investigation is already commenced, the petitioner cannot claim as a matter of right to arrest the accused. It is for the Investigating Officer to decide as to whether the arrest is required or not, taking into consideration of the nature of the allegations obtained in the particular case.

4.In such view of the matter, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Coimbatore City, Coimbatore District.

3.The Inspector of Police, Kinathukadavu Police Station, Coimbatore-642 109.

4.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District-630 611.

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

W.P.(MD)No.4057 of 2020 22.02.2022 RK(03/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2