Madras High CourtWP(MD)/10125/2017disposed of

Mrs.S.Seethai v. The Superintendent Of Police

2017-05-26Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.05.2017 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.10125 of 2017 1.S.Seethai 2.K.Srinivasan ... Petitioners Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Sub Inspector of Police, K Puddupetti Police station, Pudukottai District-622 303 3.K.M.Udaiappan

...Respondents

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to register a FIR against the third respondent in pursuance of the complaint dated 01.03.2017 taken on file of the second respondent in CSR No.24 of 2017.

For Petitioner : Mr.K.Kumaravel For R1 and R2 : Mr.G.Muthukannan Government Advocate(Crl.Side)

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 & 2.

2.By consent of both sides, the writ petition is taken up for disposal.

3.This writ petition has been filed seeking a direction to the second respondent to register a FIR against the third respondent in pursuance of the complaint, dated 01.03.2017. 4.The learned counsel for the petitioners submitted that the petitioners have made a representation to the second respondent, since no order has been passed.

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5. It is made clear that the actual remedy available to the petitioners is to approach the Magistrate Court and to give

private complaint. At any rate, the respondent having received any representation is duty bound to pass any orders in accordance with an enquiry conducted by them and the order has to be passed within appropriate time.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District.

2.The Sub Inspector of Police, K Puddupetti Police station, Pudukottai District-622 303.

+1cc to M/s. K.KUMARAVEL Advocate in SR. No.57619 AM/TSG/MM JS/RSK/SAR.2/1.6.2017/2P-4C W.P.(MD) No.10125 of 2017 26.05.2017 https://hcservices.ecourts.gov.in/hcservices/