Bharath v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025 CORAM :

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

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

2. The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to look into the petitioner's representation dated 06.02.2025 to find out the real aggressor by invoking the police standing order by 588(A) in the light of judgment rendered in Crl.O.P.No. 4587, 2706, 3081, 3911, 5382, 6052, 6154, 6162, 6222, 6692, 2662 of 2024 and 19312, 11133 of 2023 within time frame as fixed by this Court. 1/5

For Petitioner : Mr.D.S.Haroon Rasheed, For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent to look into the representation, dated 06.02.2025. 2.According to the petitioner, he lodged a complaint as against one Ramesh and three others and based on that complaint, the respondent police has registered an FIR in Crime No.19 of 2025 and a counter complaint has also been lodged by the defacto complainant, for which, also an FIR has been registered in Crime No.20 of 2025, on the file of the second respondent. While so, the investigation officer has to follow the guidelines issued by this Court and thereby, he sent a representation, dated 06.02.2025 and the same has not been considered by the respondent police. Therefore this petition has been filed. 3.The learned Additional Public Prosecutor appearing for the 2/5

respondent police would submit that both the cases are under investigation and the respondent police will follow the relevant rules and judgments rendered by this Court as well as the Hon'ble Supreme Court and they will consider the representation of the petitioner, dated 06.02.2025 and conduct the investigation as per law. 4.Since the prayer is only to consider the representation, dated 06.02.2025 and to conduct investigation as per law, the second respondent, who is the investigation officer in this case, is directed to conduct the investigation in a fair manner after observing guidelines as per the judgments rendered by the Hon'ble Supreme Court. 5.With the above direction, this Writ Petition is disposed of. 19.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To

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

2. The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

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

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P.DHANABAL , J.

LR 19.02.2025 5/5