B.Singaravelu v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B.Singaravelu
...Petitioner
-Vs1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 004.
2.The District Collector, O/o.The District Collector, Ramanathapuram District.
3.The Deputy Inspector General of Police, (DIG), O/o. Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram.
4.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram.
6.The Inspector of Police, Bazaar Police Station, Ramanathapuram.
7.B.Jothimani
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 6 to take necessary action against the 7th respondent, by considering the petitioner's representation dated 30.10.2020. For Petitioner : Mr.K.Neelamegam For R1 to R6 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.
ORDER
This Writ Petition is filed to direct the respondents 1 to 6 to take necessary action against the 7th respondent, by considering the petitioner's representation dated 30.10.2020. 1/3
2.The affidavit filed in the Writ Petition itself indicates that there are serious disputes between the petitioner and the 7th respondent, in respect of which the First Information Report is also filed in Crime No.413 of 2020 for the offences punishable under Sections 447, 294(b) and 506(i) of IPC.
3.The learned Additional Public Prosecutor appearing for the respondents would submit that case in counter has been registered. One is filed in Crime No.509 of 2020 for the offence punishable under Section 324 of IPC and the counter complaint is filed in Crime No.508 of 2020 for the offences punishable under Sections 294(b) and 506(ii) of IPC.
4.Though the Civil Suit in O.S.No.2 of 2019 on the file of the District Court, Ramanathapuram, is pending, the main grievance of the writ petitioner in the Writ Petition indicates that to restrain the respondents 1 to 6 not to interfere with the civil dispute. It is admitted that case in counter has been registered. When the cognizable offence is made out, the police has no other option except to investigate the matter as per law. In such eventualities, merely because the civil suit is pending, one cannot say that the police is unnecessarily interfering with the civil dispute. As the case in counter has already been registered by the Investigation Officer, both cases have to be seen their logical end. In such view of the matter, no direction could be issued as prayed for. Accordingly, this Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 004.
2.The District Collector, O/o.The District Collector, Ramanathapuram District.
3.The Deputy Inspector General of Police, (DIG), O/o. Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram.
2/3
4.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram.
6.The Inspector of Police, Bazaar Police Station, Ramanathapuram.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
18.03.2022 RK(30/03/2022) 3P 8C 3/3