Madras High CourtWP(MD)/2012/2017closed

Palaniyandi, v. The Superintendent Of Police

2017-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD).No. 2012 of 2017 Palaniyandi, S/o.Karuppan, Unaiyur, Kannakuzhi Village, Valanadu Part, manapparai, Trichy District. ..Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tiruchirappalli District.

2.The Inspector of Police, Valanadu Police Station, Valanadu, Trichy District. ..Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to register a case based on the petitioner's complaint dated 15.12.2016.

For Petitioner : Mr.V.Selva For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the 2nd respondent to register a case based on the petitioner's complaint dated 15.12.2016.

2. In view of the judgment of this Court in Sugesan Transport Pvt. Ltd., v. the Assistant Commissioner of Police, J2 Adyar Police Station, Chennai and another reported in 2016(5) CTC 577, this petition is not maintainable.

However, the learned Additional Government Pleader submitted that in view of the pendency of the civil suit in O.S.No.403/2014 before the District Munsif cum Judicial Magistrate, Manapparai, between the petitioner and the opposite party, the police are likely to close the complaint as civil in nature. In the event of the respondents closing the same, the respondents are directed to serve a copy of the closure report to the petitioner. Accordingly this petition is https://hcservices.ecourts.gov.in/hcservices/

dismissed with liberty to the petitioner to work out his remedy in the manner known to law. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Tiruchirappalli District.

2.The Inspector of Police, Valanadu Police Station, Valanadu, Trichy District.

+1 CC to M/s.V.SELVA, Advocate, SR No. 14444 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 14081 RR PSM/SV-MMS/23.03.2017/2P/5C ORDER MADE IN W.P.(MD).No.2012 of 2017 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/