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Madras High CourtWP(MD)/13934/2024closed

Balasubramaniyan v. The Deputy Inspector General Of Police

2024-06-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Balasubramaniyan ... Petitioner Vs 1.The Deputy Inspector General of Police, Trichy Region, Trichy.

2.The Superintendent of Police, Karur District, Karur.

3.The Inspector of Police, Kuzhithalai Police Station, Karur District.

...Respondents

PRAYER :Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents No.2 and 3 herein to take appropriate action on the petitioners complaint dated 04.04.2024.

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For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The petitioner with a grievance that the respondent police has not acted upon his representation dated 04.04.2024, has approached this Court.

2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that the petitioner's complaint is civil in nature and therefore, they have not registered any case.

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 2/5

Judicial Magistrate Court under Section 156(3) of Cr.P.C. Since the petitioner is having efficacious and alternative 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 dismissed. No costs. 28.06.2024 NCC : Yes / No.

Index : Yes / No.

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To 1.The Deputy Inspector General of Police, Trichy Region, Trichy.

2.The Superintendent of Police, Karur District, Karur.

3.The Inspector of Police, Kuzhithalai Police Station, Karur District.

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

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B.PUGALENDHI, J.

vrn Order made in 28.06.2024 5/5