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Madras High CourtWP Crl.(MD)/154/2025disposed of

P.Palaniselvi v. The State Of Tamilnadu

2025-08-06Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD) No.154 of 2025 P.Palaniselvi ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Central Crime Branch, Madurai District.

3.The Inspector of Police, Avaniapuram Police Station, Madurai City South.

4.A.Manikandan 5.P.Saivadurai 6.S.Solaiammal 7.M.Vasantha 8.M.Kanimurugan 9.K.Jayamari 10.Rubber Murugan 11.P.Arumugam ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondent Nos.1 and 2 herein to take appropriate action to file the FIR and start the enquiry on the fake land sale deed on the petitioner's complaint dated 25.11.2023 and CSR issued - No.968/2023, dated 12.11.2024 and C.No. 1620 / DGP-HoPF/Visitors/2024.

For Petitioner : Mr.C.Ezhilarasu For R1 to R3 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side).

For R7 : Mr.M.Sudha Rani For R4 to R6, R8 to R11 : No appearance

ORDER

The petitioner appears to have lodged a complaint before the respondent Police in the year 2023, alleging that he was cheated by respondent Nos.4 and 5, along with others, through the registration of a forged sale deed bearing No.14774, dated 27.02.2013

2. This Writ Petition has been filed seeking a direction to take appropriate action on his complaint, dated 24.11.2023, which was treated as 2/6

a petition enquiry in CSR No.968 of 2023, dated 25.11.2023.

3. The learned counsel for the petitioner would submit that, though the petitioner had lodged a complaint on 24.11.2023, the respondent Police has not taken any action thereon till date.

4. The learned Government Advocate (Crl.Side) would submit that the complaint of the petitioner, dated 24.11.2023 was treated as a petition enquiry in CSR No.968 of 2023, dated 25.11.2023 and it was closed by the Inspector of Police, Central Crime Branch Unit No.3, Madurai.

5. According to the learned Government Advocate, the petitioner had lodged yet another complaint on 12.11.2024, which is now under investigation on the file of the Central Crime Branch Unit No.1, Madurai. The learned Government Advocate seeks two weeks time to conclude the enquiry on the complaint of the petitioner on 12.11.2024.

6. This Court has considered the rival submissions made by either side. It appears that the complaint lodged by the petitioner on 27.11.2023 3/6

was enquired in CSR No.968 of 2023 and was closed by the Inspector of Police, Central Crime Branch, Unit-III, Madurai. The petitioner appears to have thereafter lodged another complaint, which has been kept pending before the Central Crime Branch, Unit-I, Madurai from 12.11.2024, without even registering the same in the CSR, and is being treated only as a current paper enquiry

7. There is no procedure known to law for conducting an enquiry as a current paper enquiry. Even then, the respondents Police have kept the petitioner's complaint as a current paper enquiry for more than eight months. It is also evident that the higher officials have neither monitored the same nor issued necessary directions, despite the possibility for any irregular practice being continued for several months. This has become a common practice in many Police Stations and it needs to be deprecated.

8. With the above observations, this Writ Petition is disposed of, with a direction to respondent Nos.1 to 3 to register the complaint of the petitioner, dated 12.11.2024, in the Community Service Register (CSR), conduct an enquiry, and complete the same within a period of two weeks 4/6

from the date of receipt of a copy of this order. In the event any criminal offence is made out against the petitioner, the respondent Police shall register a case; otherwise, the respondent Police shall furnish a copy of the closure report to the petitioner, thereby enabling the petitioner to work out his remedy in the manner known to law.

9. With the above directions, this Writ Petition Criminal is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 5/6

B.PUGALENDHI, J.

Indu To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Central Crime Branch, Madurai District.

3.The Inspector of Police, Avaniapuram Police Station, Madurai City South.

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

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