Madras High CourtWP(MD)/16129/2017withdrawn dismissed

Selvaraj, v. The Inspector Of Police,

2017-08-29Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.16129 of 2017 Selvaraj ... Petitioner Vs.

The Inspector of Police, Vallam Police Station, Vallam, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to take necessary action upon the petitioner's complaint dated 19.06.2017 in the light of the guidelines issued in the Lalithakumari's case within a period stipulated by this Court.

For Petitioner : Mr.N.Sankar Ganesh For Respondent : Mr.A.K.Baskara Pandian Special Government Pleader.

O R D E R

This petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to take necessary action upon the petitioner's complaint dated 19.06.2017.

2. Heard Mr.N.Sankar Ganesh, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondent. 3.The learned counsel appearing for the petitioner strenuously argued that the judgment of Hon'ble Supreme Court in Lalithakumari case governs the field by virtue of Article 141 of the Constitution of India. The said submission in the present context has no merits. The issue whether similar petition under Section 482 of Criminal Procedure Code, is maintainable or not was not before the Hon'ble Supreme Court in the Judgment cited by the learned counsel for the petitioner.

4.Hence, this petition is dismissed. However, liberty is given to the petitioner to approach the learned Judicial Magistrate as provided under Section 156 (3) of Criminal Procedure https://hcservices.ecourts.gov.in/hcservices/

Code. This Court has earlier dismissed similar writ petitions following the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu v. State of Uttar Pradesh and Others, reported in 2008

(2) SCC 409 and Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To The Inspector of Police, Vallam Police Station, Vallam, Thanjavur District.

+1CC to the Special Government Pleader SR.No.75663 W.P.(MD)No.16129 of 2017 29.08.2017 mm/gsp AM/SKN RSK/SAR 1/12.09.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/