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Madras High CourtWP(MD)/7206/2017dismissed

P.Kumar v. The Director General Of Police

2017-04-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.7206 of 2017 P.Kumar ... Petitioner Vs.

1. The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Inspector General of Police, Central Zone, Subramaniapuram, Toll gate, Trichy.

3.The Superintendent of Police, Trichy District.

Trichy.

4.P.Alagar ... Respondents Prayer: Writ petition is filed Under Article 226 of Constitution of India, to issue a Writ of Mandamus by directing the Respondents 1 to 3 to take appropriate action by considering the petitioner's representation dated 13.04.2017 and 15.04.2017 within a stipulated time as fixed by this Court.

For Petitioner : Mr.M.Pitchamuthu For Respondents : Mr.T.S.Mohammed Mohideen Government Advocate

O R D E R

On the complaint given by one Alagar, the respondent police registered a case in Cr.No.174 of 2017 for the offences under Sections 387 and 506(2) I.P.C. against one Logeswaran and Jegan and they have been arrested. It is seen that Alagar has given a representation dated 15.04.2017 to the Authorities stating that he had not given any complaint to the police and on the strength of he representation, Kumar, who said to be the paternal uncle of the accused Jegan has filed the present Writ Petition with the above prayer.

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2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. In Ratchapalli Abbulu and Others Vs. State of Andra Pradesh reported in (2002)4 SCC 208, the Honourable Supreme Court has categorically stated that obtaining affidavit from witnesses from prosecution showing that they had not seen the occurrence was deprecated and that was found to be one of the reasons for even cancelling the bail. The investigation is carried on by the Police in terms of Chapter XII of the Criminal Procedure Code. A parallel investigation either by this Court or by any other agency is not permitted under law. That apart, the petitioner has also no locus standi to maintain the writ petition. Accordingly, the Writ Petition is devoid of merits and the same is dismissed. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar.

To

1. The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Inspector General of Police, Central Zone, Subramaniapuram, Toll gate, Trichy.

3.The Superintendent of Police, Trichy District.

Trichy.

+1CC to the Special Government Pleader SR.No.53450 W.P.(MD)No.7206 of 2017 20.04.2017 ssl/das AM/RR/03.05.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/