Krishnasamy R v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No. 15267 of 2021 R.Krishnasamy ... Petitioner Vs.
1.The Director General of Police No.1, Dr.Radhakrishnan Road Mylapore, Chennai- 600 004.
2. The Inspector General of Police Madurai, Madurai District
3. The Deputy Inspector General of Police Tirunelveli and Tenkasi Region No.4, St.Thomas Road Nearby High Ground Maharaja Nagar, Tirunelveli
4. The Superintendent of Police Tenkasi District, Tenkasi
5. The Deputy Superintendent of Police Puliyangudi, Sivagiri Taluk Tenkasi District
6. The Inspector of Police Puliyangudi Police Station Sivagiri Taluk Tenkasi District
7. M.Diwan Abbas
8. M.Ramraj
9. T.Subbaiahpandian @ Chinnapandi 10.Yobusampathrajan ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, by directing the respondents 1 to 6 herein to take appropriate action against the private respondents by considering the representation of the petitioner dated 28.06.2021.
For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents : Mr.R.M.Anbunithi No.1 to 6 Additional Public Prosecutor
ORDER
This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 to 6 herein to take appropriate action against the private respondents by considering the representation of the petitioner dated 28.06.2021. 2.The learned counsel for the petitioner would submit that the petitioner has sent a representation to the respondent dated 28.06.2021 and no action has been taken, thereby the present petition has been filed seeking for writ of mandamus.
3. The learned Additional Public Prosecutor would submit that there is no instructions.
4. This Court carefully perused the representation dated 28.06.2021. Perusal of the representation shows that it is nothing but a complaint to take action against the respondents 7 to 10 for offences of cheating, criminal breach of trust etc.,
5. The petitioner in the guise of mandamus has sought for direction to register a case. In view of the Judgment of the Hon'ble Division Bench of this Court in Crl.O.P.(MD)No.13681 of 2018 and batch of cases, dated 20.09.2018, the petition of this nature is not maintainable. This Court is not bound to direct the police to register the complaint.
6. In the event of the respondent not considering the representation the petitioner is at liberty to work out his remedy in accordance with the guidelines given by the Honourable Division Bench of this Court in the decision referred supra and in accordance with the provisions contemplated under the Code of Criminal Procedure.
7.With the above direction, this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) aav
To 1.The Director General of Police No.1, Dr.Radhakrishnan Road Mylapore, Chennai- 600 004.
2. The Inspector General of Police Madurai, Madurai District
3. The Deputy Inspector General of Police Tirunelveli and Tenkasi Region No.4, St.Thomas Road, Nearby High Ground Maharaja Nagar, Tirunelveli
4. The Superintendent of Police Tenkasi District, Tenkasi
5. The Deputy Superintendent of Police Puliyangudi, Sivagiri Taluk Tenkasi District
6. The Inspector of Police Puliyangudi Police Station Sivagiri Taluk, Tenkasi District.
W.P.(MD)No.15267 of 2021 26.08.2021 DJ(CO) SB(13.09.2021) 3P 7C