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Madras High CourtWP(MD)/15981/2024dismissed

Sathiyanathan S v. The Superintendent Of Police

2024-07-18Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P (MD) No.15981 of 2024 Sathiyanathan S ... Petitioner Vs

1. The Superintendent of Police, O/o. the Superintendent of Police, Madurai District..

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Thirumangalam, Madurai District.

3. The Inspector of Police, Thirumangalam Police Station, Madurai District.

... 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 to consider the petitioner's representation and to conduct further investigation on the complaint lodged by the Petitioner dated 15.11.2022 by not below the rank of DSP / 2nd Respondent within the time stipulated by this Court.

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For Petitioner : Mr.Samidurai K For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, as against the respondents to consider the petitioner's representation and to conduct further investigation on the complaint lodged by the Petitioner dated 15.11.2022

2. The learned Counsel for the petitioner submits that the proposed accused has received money from the petitioner and cheated him. Based on the complaint of the petitioner, the respondent police has conducted a petition enquiry in CSR No.465 of 2022. However, the third respondent police has not acted upon the same.

3. The learned Additional Public Prosecutor on instruction from the respondent police submits that the prayer itself is for further investigation. The petitioner is well aware that his complaint which has been enquired by 2/5

the respondent police in CSR No.465 of 2022 was closed on 06.12.2022.

4. The petitioner is having an alternative remedy before the higher officials under Section 176 of Cr.P.C and the remedy before the learned Judicial Magistrate concerned under Section 190 of Cr.P.C. Since the petitioner is having alternative and efficacious remedy, this Court is not inclined to entertain this application.

5. Accordingly, this Writ Petition is dismissed. No costs. 18.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/5

To

1. The Superintendent of Police, O/o. the Superintendent of Police, Madurai District..

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Thirumangalam, Madurai District.

3. The Inspector of Police, Thirumangalam Police Station, Madurai District.

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

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B.PUGALENDHI , J.

jbr W.P (MD) No.15981 of 2024 18.07.2024 5/5