Madras High CourtWP(MD)/12799/2024closed

M.Mahendran v. The Superintendent Of Police

2024-06-18Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Mahendran ... Petitioner Vs.

1.The Superintendent of Police, Kanniyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Economic Offence Wing, Kanniyakumari District, Nagercoil.

3. The Inspector of police, Economic Offence Wing, Kanniyakumari District, Nagercoil.

4.A.Sahaya Maclean Augustine Roy @ Maklin Rai 5.Daan Renalda Rai 6.K.Bhaskar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the respondents 4 to 6 and to register an F.I.R by considering the petitioner's complaint dated 23.11.2023.

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For Petitioner : Mr.T.Leninkumar For Respondents : Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor

O R D E R

The petitioner has filed this petition seeking a direction to the respondents 1 to 3 to take necessary action against the respondents 4 to 6 and to register an F.I.R by considering the petitioner's complaint dated 23.11.2023.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. The petitioner is having a remedy under Section 154(3) of Cr.P.C, which enables him to submit the substance of the complaint in writing or by post to the Superintendent of Police concerned. In the event, if that complaint has not been acted upon, the petitioner is still having another remedy before the concerned Judicial Magistrate Court under Section 156(3) of Cr.P.C. Since the petitioner is having efficacious and alternative 2/4

remedy under the provisions of Criminal Procedure Code, this Court is not inclined to entertain this writ petition under Article 226 of the Constitution of India.

4.Accordingly, this writ petition is closed. No costs. Index :Yes/No 18.06.2024 Internet : Yes/No LS To 1.The Superintendent of Police, Kanniyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Economic Offence Wing, Kanniyakumari District, Nagercoil.

3. The Inspector of police, Economic Offence Wing, Kanniyakumari District, Nagercoil.

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

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B.PUGALENDHI,J.

LS 18.06.2024 4/4