A.Kesavan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL A.Kesavan ... Petitioner Vs.

1. The Commissioner of Police, Madurai City.

2. The Assistant Commissioner of Police, Temple Range, Madurai Town.

3. The Inspector of Police, City Crime Branch, Viswanathapuram, Madurai Town.

4. The Inspector of Police, B1 Vilakkuthoon Police Station, Madurai Town.

5. P.Sankaranarayanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the 1st respondent either himself or his subordinate to conduct an enquiry on a complaint / representation dated 08.03.2025 and to take appropriate action against the Page No. 1 of 5

5th respondent, for the criminal offenses committed by him. For Petitioner : Mr. R. Suriya Narayanan For R1 & R4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R5 : Mr.C. Prabaharan

O R D E R

This writ petition has been filed by the petitioner to direct the 1st respondent to conduct an enquiry on a complaint dated 08.03.2025 and to take appropriate action against the 5th respondent.

2. The learned counsel appearing for the petitioner would submit that the petitioner lodged a complaint against the 5th respondent before the 1st respondent, but no action was taken. Therefore, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 to 4 would submit that they received the complaint from the petitioner and the already the 4th respondent closed the complaint. However, the 3rd respondent is conducting enquiry based Page No. 2 of 5

on the complaint lodged by the petitioner. They will conduct enquiry and take appropriate action in accordance with law.

4. The learned counsel appearing for the 4th respondent would submit that the matter is pertaining to business transaction and it is purely civil in nature. Therefore, the 4th respondent closed the earlier complaint. Hence, this petition is liable to be dismissed.

5. Heard both sides and perused the records.

6. The prayer sought for in the petition is to consider the complaint of the petitioner and to take appropriate action and the 3rd respondent has also admitted the receipt of the complaint and the same is under enquiry, therefore, it is for the 3rd respondent to conduct enquiry and dispose of the same in accordance with law. In view of the same, this Court directs the 3rd respondent to consider the petitioner's complaint and dispose of the same in accordance with law after affording an opportunity to both the parties within a period of fifteen [15] days from the date of this order. Page No. 3 of 5

7. With the above said observation and direction, this writ petition is disposed of. No costs.

22.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. The Commissioner of Police, Madurai City.

2. The Assistant Commissioner of Police, Temple Range, Madurai Town.

3. The Inspector of Police, City Crime Branch, Viswanathapuram, Madurai Town.

4. The Inspector of Police, B1 Vilakkuthoon Police Station, Madurai Town.

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

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P.DHANABAL, J.

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