Madras High CourtWP(MD)/10140/2019dismissed as infructuous

M.Navaneetha Krishnan, v. The Superintendent Of Police

2022-01-10Honourable Dr Justice G. Jayachandran2 pages

W.P(MD)No.10140 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P(MD)No.10140 of 2019 M.Navaneetha Krishnan ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Commissioner of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the second respondent to conduct preliminary enquiry on the petitioner's complaint, dated 05.03.2019 and 09.03.2018 and take further action. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.P.Kottaichamy Government Advocate

ORDER

This writ petition has been filed seeking mandamus directing the second respondent to conduct preliminary enquiry on the petitioner's complaint, dated 05.03.2019 and 09.03.2019.

2. The learned Government Advocate appearing for the respondents submitted that based on the complaint, case has been registered in Cr.No.78 of 2019 for the offences punishable under Sections 341, 324, 506(ii) and 379 of IPC. After conducting investigation, they found that the witnesses gave contradictory and conflicting statements and the dispute is purely civil in nature, therefore, the complaint has been closed as 'mistake of fact' and the referred charge-sheet No.5 of 2019 has also been filed before the concerned Magistrate Court and the copy also served to the defacto complainant, who is the writ petitioner herein. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.10140 of 2019

3. Recording the same, this writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-1776[F] dated 19/01/2022 ) W.P(MD)No.10140 of 2019 10.01.2022 MGJ(03.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2