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Madras High CourtWP(MD)/12242/2024disposed of

M.Senthilkumar v. The Commissioner Of Police

2024-06-12Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA M.Senthilkumar ... Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of Police, Trichy District..

2. The Assistant Commissioner Of Police, Office of the Assistant Commissioner of Police, Trichy District.

3. The Inspector of Police, Palakarai Police Station, Trichy District.

4. Alaudeen, Sub Inspector of Police, Palakarai Police Station, Trichy District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondent no.1 to take action against the respondent no.4 on the basis of the representation dated 18.05.2024 in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Ramesh for R1 to R3 Government Advocat

ORDER

By consent the writ petition itself is taken up for final disposal.

2. Heard Mr.R.Alagumani, learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, no notice is sent to the 4th respondent.

3. The petitioner has filed this writ petition seeking a direction to the respondent No.1 to take action against the respondent no.4 on the basis of the representation dated 18.05.2024 in accordance with law

4. The petitioner has stated that the 4th respondent has not only registered the complaint filed by him but also threatened the petitioner to withdraw the complaint taking sides with the opponents. Hence, the petitioner is said to have given a complaint against the 4th respondent to 2/5

the Commissioner of Police by making certain allegations.

5. If the petitioner is not satisfied with the action taken by any of the authorities, even the allegations levelled against the 4th respondent amount to criminal charges, then the remedy open to the petitioner is to file a private complaint. The petitioner, who is a third party, cannot seek direction against the respondents 1 to 3 to initiate administrative action against the 4th respondent. However, the respondents 1 to 3 can exercise their discretion by appreciating the matter and can do the needful.

6. With the above direction, the writ petition is disposed of. No costs.

12.06.2024 RR TO 3/5

1. The Commissioner of Police, Office of the Commissioner of Police, Trichy District..

2. The Assistant Commissioner OF Police, Office of the Assistant Commissioner of Police, Trichy District.

3. The Inspector of Police, Palakarai Police Station, Trichy District..

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R.N.MANJULA,J RR

ORDER

IN WP(MD) No.12242 of 2024 Date : 12/06/2024 5/5