Madras High CourtWP(MD)/17487/2021disposed of

Senthil Kumar.J v. The Commissioner Of Police

2021-09-27Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD).No.17487 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN W.P.(MD).No.17487 of 2021 J.Senthil Kumar .. Petitioner Vs.

1.The Commissioner of Police, Trichy City, Subramaniapuram, Trichy - 620 001.

2.The Deputy Commissioner of Police, Trichy City Crime Branch, Cantonment, Trichy - 620 001.

3.The Inspector of Police, Trichy City Crime Branch, Cantonment Police Station, Trichy - 620 001.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to take appropriate action upon the complaint of the petitioner in CSR No.174 of 2021 on the file of 3rd respondent. For Petitioner : Mr.R.Matheswaran 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 3rd respondent to take appropriate action upon the complaint of the petitioner in CSR No.174 of 2021 on the file of 3rd respondent. 2.The grievance of the petitioner is that even though serious allegation of forgery has been made out in the complaint, which is dated 04.01.2021, even after lapse of eight months, it is kept pending without any progress. On that ground this petition has been filed before this Court.

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W.P.(MD).No.17487 of 2021 3.The learned Additional Public Prosecutor appearing for the respondents submitted that based upon the complaint given by the petitioner, enquiry was undertaken and during the course of enquiry it was found that case has been registered against the petitioner in S.T.C.No.950 of 2021 before the trial Court. Hence, the parties are directed to work out their remedy before the same Court. 4.It appears that the transaction under NI Act is completely different from this complaint and since the complaint has been closed by the respondent police, nothing survives for further consideration and direction in this petition. The parties have to work out their remedy through appropriate proceedings. 5.Hence, this writ petition is disposed of with the above observation. No costs. The learned counsel for the petitioner may get the copy of the closure report from the office of the learned Additional Public Prosecutor.

Sd/- Assistant Registrar (AD-II) // 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, Trichy City, Subramaniapuram, Trichy - 620 001.

2.The Deputy Commissioner of Police, Trichy City Crime Branch, Cantonment, Trichy - 620 001.

3.The Inspector of Police, Trichy City Crime Branch, Cantonment Police Station, Trichy - 620 001. W.P.(MD).No.17487 of 2021 27.09.2021 SRR(CO) KB(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2