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Madras High CourtWP(MD)/9672/2024dismissed

Sundarrajan Gnanasekar v. The Superintendent Of Police

2024-04-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD) No. 9672 of 2024 Sundarrajan Gnanasekar ... Petitioner -vs1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Manur Police Station, Tirunelveli District.

3. Johnson Chandrasekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus by directing the 1st and 2nd respondent to take action on the petitioner's complaint dated 16.03.2022 under the criminal law in the light of the dictum laid down by the Honourable Supreme Court of India in

the case of Lalita Kumari Vs.Government of Uttar Prades and Ors. reported in (2014) 2 SCC 1.

For Petitioner :

Mr. R.Anand For Respondents :

Mr.M.Sakthi Kumar Government Advocate

O R D E R

The petitioner has lodged a complaint dated 16.03.2022 as against the 3rd respondent. Since the respondents 1 and 2 have not taken any action on the petitioner's complaint, he has filed this writ petition seeking a direction to the respondents 1& 2 to take necessary action against the 3rd respondent, based on his complaint dated 16.03.2022.

2. If the respondent Police is not taking any action on the petitioner's complaint dated 16.03.2022, he is having an alternative remedy either before the concerned Superintendent of Police under Section 154(3) Cr.P.C. or before the concerned Judicial Magistrate Court under Section 156(3) Cr.P.C.

3. Since, the petitioner is having an alternative remedy, this Court is not inclined to entertain this petition. Hence, Writ Petition is dismissed with liberty to the petitioner to invoke the available alternative remedy as stated above. There shall be no order as to costs.

24.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No LS To:

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Manur Police Station, Tirunelveli District.

3. The Inspector of Police, Devakottai Town Police Station, Devakottai Sivagangai District.

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

B.PUGALENDHI, J.

LS W.P.(MD) No. 9672 of 2024 24.04.2024