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Madras High CourtWP(MD)/7612/2019dismissed

B.Immanuel, v. The Superintendent Of Police

2019-04-02Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.7612 of 2019 B.Immanuel ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Kariappati Police Station, Virudhunagar District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the second respondent to consider the petitioner's complaint dated 20.03.2019 and register the same as an F.I.R. as expeditiously as possible within the time stipulation by this Court.

For Petitioner : Mr.R.Anand For Respondents : Mrs.S.Bharathi Government Advocate *****

ORDER

This writ petition has been filed to direct the second respondent to consider the petitioner's complaint dated 20.03.2019 and register the same as an F.I.R. as expeditiously as possible. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents.

3.A Division Bench of this Court reported in G.Prabakaran Vs. The Superintendent of Police, Thanjavur District and another-[2018-2L.W.(crl.) 489], has already decided that before approaching the Court for registering an First Information Report, the petitioner needs to exhaust the statutory options available in the Criminal Procedure Code.

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4.The present case appears to be an attempt to circumvene the said dictum of the Division Bench. What is not achievable directly, cannot also be achieved indirectly. The petitioner is now well advised to resort to statutory remedies provided in the Code and as has been declared by the Division Bench of this Court in the Authority cited supra.

5.In view of the above, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Kariappati Police Station, Virudhunagar District.

+1 CC to M/s.R.ANAND, Advocate ( SR-59090[F] dated 04/04/2019 ) W.P.(MD)No.7612 of 2019 02.04.2019 DS : 07/05/2019 : 2P/4C:

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