R. Balakrishnan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL R.Balakrishnan ... Petitioner Vs 1.The Commissioner of Police, City Police Office, Azhagarkovil main road, K.Pudur, Madurai District.

2.The Assistant Commissioner of Police, High Court Police Station, Madurai District.

3.The Inspector of Police, High Court Police Station, Madurai 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 respondents 1 and 3 herein to conduct proper enquiry pursuant to the CSR No.18 of 2024 dated 19.12.2024, on the file of the 3rd respondent police as expedite as possible.

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For Petitioner : Mr.R.Rajeshkumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 3 herein to conduct proper enquiry pursuant to the CSR No.18 of 2024 dated 19.12.2024, on the file of the 3rd respondent police. 2.According to the petitioner, he has purchased an Innova Car from one Anand bearing Registration No.TN 10 Y 5242 for a sum of Rs. 5 lakhs on 11.12.2023. At the time of purchase, the said Anand gave a copy of RC book and even after lapse of few months, the said Anand refused to give the original RC book. However, since the petitioner has paid substantial amount, he used the Car. While so, when the car was parked in the High Court premises, said Car was missing. Therefore, he filed a complaint before the respondent police. After examining CCTV footage, they identified the persons, who had taken the Car. Based on the complaint given by the petitioner, third respondent has assigned CSR No. 18 of 2024. Thereafter, no action has been taken by the 3rd respondent. Hence, this petition has been filed. 2/5

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the complaint of the petitioner was enquired and closed on 20.01.2025. Thereafter, again the petitioner lodged a complaint on 25.02.2025 and the same was also closed after enquiry on 14.03.2025. Therefore, nothing survives for further adjudication.

4.At this juncture, the learned counsel for the petitioner would submit that enquiry proceedings have not been intimated to the petitioner and no closure reports have been served to him. 5.Today, the copies of closure reports have been served to the petitioner by the respondent police.

6.Considering the prayer of the petitioner and the submission of the respondent police that they have enquired the complaints of the petitioner and closed the same, nothing survives for further adjudication. It is for the petitioner to challenge the closure reports in the manner known to law, if he is aggrieved.

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7.In view of the above, preserving the liberty of the petitioner to challenge the closure reports in the manner known to law, this petition is closed.

21.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Commissioner of Police, City Police Office, Azhagarkovil main road, K.Pudur, Madurai District.

2.The Assistant Commissioner of Police, High Court Police Station, Madurai District.

3.The Inspector of Police, High Court Police Station, Madurai 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