Parthiban. T v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI T.Parthiban ... Petitioner Vs 1.The Commissioner of Police, Trichy City, Trichy.

2.The Deputy Commissioner of Police, Trichy South Zone, Trichy.

3.The Assistant Commissioner of Police, City Crime Branch, Trichy City, Trichy.

4.The Inspector of Police, City Crime Branch, Trichy City, Trichy.

5.Mr.Radjadit Venkata Subramanian, No.D3, 1st Floor, Garuda Block, T.T.Garden, Near to Jaipur bhavan, Mambalasalai, Srirangam, Trichy - 620 006.

1/5

6. Mr.Bakthavatchalam Radhika ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 3 and 4 to dispose the petitioner's complaint dated 24.11.2023 in accordance with law within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Ponkarthikeyan For R-1 to R-4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, as against the respondents 3 and 4 to take appropriate action based on the petitioner's complaint dated 24.11.2023. 2.The learned Counsel for the petitioner submits that the fifth respondent cheated the petitioner to the tune of Rs.40,00,000/-. Based on the complaint of the petitioner, a case has been registered as against the fifth respondent. However, the respondent police have not acted upon his complaint and the same is pending from the year 2023. 2/5

3.The learned Additional Public Prosecutor on instruction from the respondent police submits that it is the business transaction between the petitioner and the fifth respondent.

4.This Court is of the view that the petitioner has lodged a complaint before the respondent police on 24.11.2023 as against the fifth respondent. When the petitioner is having an efficacious and alternative remedy under Section 156(3) of Cr.P.C., he sought for relief by filing a writ petition under Article 226 of the Constitution of India. Therefore, this Court is not inclined to entertain this application. 5.Accordingly, this Writ Petition is dismissed. No costs. 24.07.2024 Internet :Yes Index :Yes/No NCC :Yes/No jbr 3/5

To:

1.The Commissioner of Police, Trichy City, Trichy.

2.The Deputy Commissioner of Police, Trichy South Zone, Trichy.

3.The Assistant Commissioner of Police, City Crime Branch, Trichy City, Trichy.

4.The Inspector of Police, City Crime Branch, Trichy City, Trichy.

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

4/5

B.PUGALENDHI , J.

jbr 24.07.2024 5/5