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Madras High CourtWP(MD)/6328/2022allowed

Mutharasan M v. The Director General Of Police

2022-06-13Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.6328 of 2022 Mutharasan M, : Petitioner Vs

1. The Director General of Police, Police Head Quarters, Dr. Radhakrishnan Salai, Mylapore, Chennai-4.

2. The Inspector General of Police, Central Zone, Trichy.

3. The Superintendent of Police, Pudukottai District, Pudukottai.

4. The Sub Inspector of Police, Alangudi Police Station, Alangudi, Pudukottai District.

5. Sivakumar, Sub Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai 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 third respondent to accord appropriate necessary prior sanction under Section 197 of Code of Criminal Procedure to prosecute the fifth respondent herein to the petitioner for filing private complaint, on the basis of the representation of the petitioner, dated 13.08.2021, within the period stipulated by this Court.

For Petitioner : M/s. Mohamed Sherbudeen M, For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) 1/3

ORDER

This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the third respondent to accord appropriate necessary prior sanction under Section 197 of Code of Criminal Procedure to prosecute the fifth respondent herein to the petitioner for filing private complaint, on the basis of the petitioner's representation, dated 13.08.2021.

2.The learned Counsel appearing for the petitioner stated that the petitioner sent a representation, dated 13.08.2021, to the respondents 1 to 3, seeking to register a case against one Sivakumar, Sub-Inspector of Police, but the same had not been considered so far. Hence this petition has been filed. 3.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the respondent police are ready to consider the said representation.

(*)4.Recording the same, the respondent Police is directed to consider the petitioner's representation, dated 13.08.2021, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) (*)Corrected as per the order of this Court dated 06.07.2022, made in W.P(MD)No.6328 of 2022 Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lr To (*)To be substituted to the order already despatched on 24/06/2022

1. The Director General of Police, Police Head Quarters, Dr. Radhakrishnan Salai, Mylapore, Chennai-4.

2/3

2. The Inspector General of Police, Central Zone, Trichy.

3. The Superintendent of Police, Pudukottai District, Pudukottai.

4. The Sub Inspector of Police, Alangudi Police Station, Alangudi, Pudukottai District.

5. The Sub Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

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

+1 CC to M/s.M. MOHAMMED SHERBUDEEN, Advocate ( SR-30828[F] dated 14/06/2022 ) W.P(MD).No.6328 of 2022 13.06.2022 NSN(CO) KB(22.06.2022) 3P 8C RD(13/07/2022) 3P 8C 3/3