Sureshkumar v. The Commissioner Of Police

W.P.(MD).No.17276 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN W.P.(MD).No.17276 of 2021 Sureshkumar ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Karimedu Police Station, Madurai, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to take necessary action upon the petitioner's complaint, dated 06.08.2021 which is pending before the 2nd respondent. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

(This writ petition is heard through video conference) This writ petition has been filed seeking a direction to the 2nd respondent to take necessary action upon the petitioner's complaint, dated 06.08.2021 which is pending before the 2nd respondent. 2.Even though writ of Mandamus may not lie, the learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner herein, enquiry was undertaken in CSR No.413 of 2021 and during the course of enquiry the said Rajasekaran appeared before the Enquiry Officer and gave a statement to the effect that he will repay a sum of Rs.1,50,000/-. He agreed to pay a sum of Rs.1 lakh by way of Demand Draft and another Rs.50,000/- by cash. He has also given a letter to that effect. Hence, the complaint was closed.

3.The learned counsel for the petitioner submitted that no amount has been paid by Rajasekaran till now. But the enquiry has been closed.

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W.P.(MD).No.17276 of 2021 4.In view of the statement given by both parties, the complaint given by the petitioner has been closed by the respondent police. There fore, nothing survives in this petition for further consideration or direction in this case. The petitioner is at liberty to work out his remedy through appropriate proceedings. 5.With the above said liberty, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Karimedu Police Station, Madurai, Madurai District.

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

W.P.(MD).No.17276 of 2021 23.09.2021 MGJ(08.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2