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Madras High CourtWP(MD)/814/2017closed

M/S. Shar Theme Park (P) Ltd., v. The Deputy Superintendent Of

2017-03-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.814 of 2017 and W.M.P.(MD)No.664 of 2017 M/s.Shar Theme Park (P) Ltd., Rep. by its Managing Director, N.V.S.Anandan : Petitioner -VsThe Deputy Superintendent of Police, District Crime Branch, Subramaniapuram, Tiruchirappalli-620 020.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent dated 14.04.2016, in C.No.97/DCB/DSP/(Tri) 2014 and quash the same and to direct the respondent to register the petitioner's complaint dated 18.02.2016.

For Petitioner : Mr.G.Jeremiah For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader *************

O R D E R

When the matter was taken up for hearing, Mr.Sekaran, Special Sub-Inspector of Police, District Crime Branch, is present in Court today. On instructions, the learned Additional Government Pleader submitted that the petitioner gave a complaint dated 18.02.2016 to the respondent, in which, a petition enquiry was conducted and the same was closed by the Deputy Superintendent of Police on 14.04.2016. When the petitioner filed Crl.O.P.(MD) No.6815 of 2016, for a direction to the respondent police to register a case on his complaint dated 18.02.2016, this Court passed the following order on 26.04.2016:

"3. It is seen that this petitioner had given a complaint dated 18.02.2016, petition enquiry was conducted and the same has been closed on 14.04.2016. A copy of the closure report is served to the learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the petitioner across the bar.

4. In view of the above, this petition is closed with liberty to the petitioner to work out his remedy in the manner known to law."

2. Now, this Writ Petition has been filed for a Writ of Certiorarified Mandamus, to quash the closure report.

3. In the considered opinion of this Court, a Writ of Certiorarified Mandamus cannot be maintained, in the light of the law laid down by this Court in Sugesan Transport Pvt. Ltd., v. the Assistant Commissioner of Police, J2 Adyar Police Station, Chennai and another reported in 2016(5) CTC 577. If the petitioner is not satisfied with the enquiry, it is always open to him to file a private complaint against the accused person. Hence, this Writ Petition is closed with liberty to the petitioner to work out his remedies in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To The Deputy Superintendent of Police, District Crime Branch, Subramaniapuram, Tiruchirappalli-620 020.

+1 cc to Mr.J.John , Advocate in SR.No. 16079 +1 cc to Special Government Pleader in SR.No.16218 SML AE/SV MMS/SAR3/05.04.2017/2P/4C Order made in W.P.(MD)No.814 of 2017 Dated: 20.03.2017 https://hcservices.ecourts.gov.in/hcservices/