Balakiruthigha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Balakiruthigha ... Petitioner Vs

1. The Commissioner of Police, Madurai District, Madurai.

2. The Inspector of Police, Tallakulam Police Station, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to take necessary legal actions against the above said persons based on the complaint give by the petitioner dated 13.01.2025. For Petitioner : Mr.A. Joseph Jerry For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 to take necessary legal actions against the accused based on the complaint given by the petitioner dated 13.01.2025. 2.Heard the learned counsel on either side and perused the materials available on record.

3.The learned counsel for the petitioner would submit that the petitioner had sent a representation to the respondents on 13.01.2025 for the commission of criminal activities done by Chandrasekaran, Meenakshi, Kamala Kannan, Nambivelrajan, Thanvanthini and Gokul Varma on 01.07.2023. However, no action has been taken by the respondents. Hence, this writ petition has been filed. 4.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that already one Nishanthini, who is the sister of the petitioner has lodged a complaint against one Chandrasekaran and Meenakshi on 01.07.2023. On enquiry, a case in 2/5

Cr.No.725 of 2023 has been registered against them. Again for the same offence, a counter complaint has been given by one Chandrasekaran, based on that, a case in Cr.No.726 of 2023 has been registered against the petitioner and her sister on 01.07.2023. In both the cases, after completion of investigation final reports were also filed before the concerned Court. Again for the same offence, the petitioner has given a representation on 13.01.2025. Therefore, nothing survives for further adjudication.

5.On perusal of records it is seen that the complaint, dated 13.01.2025, it was stated about the incident that took place on 01.07.2023. The learned counsel for the petitioner also would submit that the respondent police has not informed the steps taken by them against the complaint lodged by the petitioner's sister. 6.The learned Government Advocate (Crl.Side) submitted that based on the complaint of the petitioner's sister, a case in Cr.No.725 of 2023 was registered on 01.07.2023 and after completion of investigation, final report was also filed before the concerned Court. 3/5

6.Without even verifying the case registered based on the complaint of the petitioner's sister, the petitioner has approached this Court after a lapse of two years for the same occurrence with same set of allegations. Hence, the prayer sought for by the petitioner cannot be considered by this Court, since FIR has already been registered by the respondent police.

7.Accordingly, this writ petition stands closed. Consequently, connected miscellaneous petition is closed. 17.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Commissioner of Police, Madurai District, Madurai.

2. The Inspector of Police, Tallakulam Police Station, Madurai.

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

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P.DHANABAL , J.

PNM 17.02.2025 5/5