Jude Anthony Wilber v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD) No.13233 of 2023 Jude Anthony Wilber ... Petitioner /vs./ 1.The Superintendent of Police, O/o. the Superintendent of Police, Thoothukudi District.

2.State rep. By The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

3.Gangai Natha Pandian 4.Anto @ Anthonysamy 5.Dani 6.Jeyakumar ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent herein to initiate appropriate Criminal action in C.S.R.No.187/2023 under the relevant provisions of law on the basis of petitioner representation dated 12.06.2023 lodged before the 1st Respondent herein.

For Petitioner : Mr.R.Ilayaraja For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl.side)

ORDER

This Writ Petition is filed seeking for a direction to the respondent police to initiate action in respect of the complaint filed by the petitioner in CSR.No.187 of 2023 on the file of the first respondent.

2.It is submitted by the learned counsel appearing for the petitioner that the petitioner has been doing fish business with the respondents 4 to 6 and during the course of their business, issues arose amongst themselves, thereby he filed a complaint against the respondents 4 to 6 and the same is registered as CSR.No. 187 of 2023 on the file of the second respondent, but no action has been initiated by the respondent police.

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3.The learned Government Advocate (Crl.side) appearing for the respondents 1 to 3 submits that the dispute between the petitioner and the respondents 4 to 6 is purely a business transaction and the petitioner has to approach the civil Court to resolve their disputes. It is also submitted that based on the complaint in CSR.No.187 of 2023, the respondent police have completed the investigation and the report will be filed within 1 week. 4.By recording the submission of the learned Government Advocate (Crl.side), the Writ Petition is closed. The respondent police are directed to complete the investigation and file the final report positively on or before 10.07.2023. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 03.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

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

2.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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DR.D.NAGARJUN, J.

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