Kanthari.S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM S.Kanthari

...Petitioner

Vs.

1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Division, Ramanathapuram.

3.The Inspector of Police, B1 Town Police Station, Ramanathapuram.

4.Malaiselvam 5.K.Kannan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to take appropriate action against the respondents No.4 and 5 for their illegal activities on the basis of the petitioner's representation dated 06.06.2022.

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For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Sakthi Kumar 1 to 3 Government Advocate (crl.side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the first respondent to take appropriate action against the respondents 4 and 5 for their illegal activities on the basis of the petitioner's representation dated 06.06.2022 2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner submitted that the fourth respondent namely Malaiselvam, Sub Inspector of Police, compelled the petitioner to withdraw his complaint. Therefore, he has withdrawn the complaint. Thereafter, on 17.06.2021, he has sent a representation to the Inspector of General of Police, Madurai, alleging about the illegal activities of the fourth respondent. Since no action has been taken, the present writ petition has been filed. 2/5

4.The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 3 submitted that the petitioner gave a complaint against the fourth respondent. Since it is a private complaint, the fourth respondent has not registered the case and the petitioner has withdrawn the complaint. Now the petitioner has made false allegations against the fourth respondent.

5.In view of the above, the second respondent Police is hereby directed to consider the representation of the petitioner dated 06.06.2022 and find out as to whether the fourth respondent compelled the petitioner to withdraw the complaint and conduct enquiry and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs.

06.07.2022 Index :Yes/No Internet:Yes/No vsg 3/5

To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Division, Ramanathapuram.

3.The Inspector of Police, B1 Town Police Station, Ramanathapuram.

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

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V.SIVAGNANAM., J vsg 06.07.2022 5/5