T. Pappa v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL T.Pappa ... Petitioner Vs 1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.
2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Tenkasi, Tenkasi District.
3.The Inspector of Police, Courtallam Police Station, Tenkasi 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 respondent No.2, to consider the petitioner's representation dated 14.10.2024 and to conduct enquiry in light of Rule 7(1) of SCST Rules, 1995, on the complaint made by the petitioner within the time stipulated by this Court.
For Petitioner : Mr.I.Pinaygash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5
O R D E R
This Writ Petition has been filed to direct the respondent No.2, to consider the petitioner's representation dated 14.10.2024 and to conduct enquiry in light of Rule 7(1) of SCST Rules, 1995, on the complaint made by the petitioner within the time stipulated by this Court. 2.According to the petitioner, her son died in a suspicious manner, while he was working in Andrika Lodge at Courtrallam, Tenkasi District, thereby, a complaint was lodged by her husband before the respondent police and they also registered a case in Crime No. 336 of 2024. After registration of FIR, no proper investigation has been conducted by the respondent police, thereby, the petitioner sent a representation on 14.10.2024, but the same has not been considered. Hence, this petition. 3.
The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint given by the husband of the petitioner, the respondent police has registered a case in Crime No. 336 of 2024 under 194 of BNS, thereafter, they have conducted investigation and filed a closure report before the Judicial Magistrate, Shenkottai on 19.01.
defacto complainant, ie., petitioner's husband. Now, the same is pending before the Judicial Magistrate. Since the complaint lodged by the petitioner's husband has already been considered and final report has also filed before the concerned Court, the representation of the petitioner was also closed, nothing survives for further adjudication. 4.Since the prayer of the petitioner is to consider the representation of the petitioner dated 14.10.2024 and the respondent police after conducting investigation, closed the same and the matter is pending before the Judicial Magistrate, Shenkottai, it is for the petitioner to approach the concerned Court by filing appropriate petition in the manner known to law, if she is aggrieved.
5.In view of the same, this petition stands closed by preserving liberty of the petitioner to challenge the closure report in the manner known to law.
21.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5
To 1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.
2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Tenkasi, Tenkasi District.
3.The Inspector of Police, Courtallam Police Station, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL , J.
PNM ORDER IN 21.03.2025 5/5