S.Fairozudeen v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10832 of 2025 S.Fairozudeen ... Petitioner vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Remeshwaram Taluk, Ramanathapuram District.

3.The Inspector of Police District Crime Branch, Ramanathapuram District.

4.The Inspector of Police Uchipuli Police Station, Uchipuli, Rameshwaram Taluk, Ramanathapuram District.

5.T.Mohamed Musthafa ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondent No.1 to pass suitable Page No. 1 of 5

order for change of investigation of petitioner's complaint dated 07.04.2025 from the file of the 4th respondent to some other agency and for other such reliefs.

For petitioner :Mr.S.Atham Ali For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to direct the first respondent to pass suitable order for change of investigation of petitioner's complaint dated 07.04.2025 from the file of the fourth respondent to some other agency.

2. The learned counsel for the petitioner would submit that the petitioner lodged a complaint against the fifth respondent before the first respondent and the same was forwarded to fourth respondent and the fourth respondent, without conducting enquiry, is keeping the same pending without any progress. Therefore, he filed this petition to transfer the complaint of the petitioner to some other agency for enquiry. Page No. 2 of 5

3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 to 4 would submit that the petitioner's representation is under enquiry and they will conduct enquiry and take appropriate action in accordance with law. There is no any specific allegation against the fourth respondent. Therefore, this petition is liable to be dismissed.

5. Considering the prayer sought for in this petition, this Court, without issuing notice to the fifth respondent, is inclined to pass orders.

6. According to the petitioner, he lodged a complaint against the fifth respondent on 07.04.2025, but no action was taken and no enquiry was conducted. Hence, he filed this petition. According to the fourth respondent, they received the complaint of the petitioner and the same is under enquiry and also they will take appropriate action in accordance with law. There is no any specific allegation against the fourth respondent. The only allegation is without any enquiry, it is pending. The fourth respondent also admitted the pendency of the enquiry. Therefore, this Court directs the fourth respondent to conduct enquiry and take appropriate action in accordance with law within a period of 15 days from the date of this order after affording opportunity to both the parties in Page No. 3 of 5

accordance with law.

8. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul.

2.The Inspector of Police Natham Police Station, Dindigul District.

3.The Executive Officer, Natham Town Panchayat, Dindigul District.

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

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P.DHANABAL,J apd W.P.(MD) No.10832 of 2025 21.04.2025 Page No. 5 of 5