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Madras High CourtWP(MD)/15231/2022disposed of

Muthukaruppan. L v. The Superintendent Of Police

2022-07-14Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.15231 of 2022 L.Muthukaruppan : Petitioner Vs

1. The Superintendent of Police, O/o the Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2. The Deputy Superintendent Of Police, O/o the Deputy Superintendent of Police, Manapparai Sub-Division, Manapparai, Thiruchirappalli District.

3. The Inspector of Police, Puthanatham Police Station, Puthanatham, Thiruchirappalli District.

4.M. Abdullah : Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to arrest / secure the fourth respondent immediately in Crime No. 70 of 2022 on the file of the third respondent based on the petitioner's representation, dated 28.05.2022 within the time limit that may be stipulated by this Court.

For Petitioner : M/s. Naveen Kumar. S.P., For R1 to R3 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For R4 : Mr.Joel Paul Antony

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 to 3 to arrest/secure the fourth respondent, based on the petitioner's representation, dated 28.05.2022. 2.The learned Counsel appearing for the petitioner submitted that based on the petitioner's complaint, an FIR in Crime No.70 of 2022 has been registered. But, the respondents 2 and 3 have not come forward to secure the 2/5

fourth respondent herein, who is the accused person in Crime No.70 of 2022. Hence this petition has been filed.

3.Admittedly, an FIR has been registered in Crime No.70 of 2022, as against the fourth respondent herein. But, under Section 482 of Cr.P.C., this Court cannot issue a direction to arrest a person. However, the respondent police is directed to take suitable action in this regard, within a period of two weeks, from the date of receipt of a copy of this order. 4.With the above direction, this writ petition stands disposed of. No costs.

14.07.2022 Index : Yes / No Internet : Yes/ No lr To

1. The Superintendent of Police, O/o the Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

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2. The Deputy Superintendent Of Police, O/o the Deputy Superintendent of Police, Manapparai Sub-Division, Manapparai, Thiruchirappalli District.

3. The Inspector of Police, Puthanatham Police Station, Puthanatham, Thiruchirappalli District.

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

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V.SIVAGNANAM, J.

lr W.P(MD).No.15231 of 2022 14.07.2022 5/5