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Madras High CourtWP(MD)/10579/2025disposed of

Dhanasekaran v. The Superintendent Of Police

2025-04-17Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Dhanasekaran ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

3.Malayali 4.Lakshmanan 5.Kannan 6.Selvam ... 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 2 to take appropriate action against the respondents 3 to 6 for abusing the petitioner in the public place and for assaulting the petitioner with wooden log based on the complaint dated 14.09.2024, within the time frame fixed by this Court.

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For Petitioner : Mr.S.Ramanathan For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to take appropriate action against the respondents 3 to 6 based on the petitioner's complaint, dated 14.09.2024.

2. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that no any complaint received from the petitioner. Per contra, the third respondent lodged a complaint against the petitioner. Based on the same, FIR in Crime No.357 of 2025 was registered against the petitioner and the same is under investigation. Therefore, nothing survives for further adjudication in this case.

3. Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the respondents 3 to 6, is inclined to pass orders in this petition.

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4. This petition is filed to direct the respondents 1 and 2 to consider the petitioner's complaint, dated 14.09.2024 and the second respondent denied the receipt of the complaint. This Court also perused the entire materials and it reveals that the petitioner filed a private complaint before the Judicial Magistrate Court No.6, Madurai under Section 200 of Cr.P.C., in Cr.M.P.No.68 of 2024.

5. Since the receipt of complaint itself is denied by the second respondent and no any documents to show that the petitioner filed a complaint to the second respondent, this petition is closed with liberty to the petitioner to approach the second respondent by filing fresh complaint along with medical records in manner known to law. No costs. 17.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No SN 3/5

To 1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

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P.DHANABAL , J.

SN 17.04.2025 5/5