Madras High CourtWP(MD)/17775/2021dismissed as infructuous

Kannan v. The Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD) No.17775 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.17775 of 2021 Kannan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumrai District, Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumrai District, Kanyakumari.

3.Avudaiyappan 4.Paramesh 5.Avarson ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 and 2 forthwith to take necessary action on the petitioner's complaint dated 24.08.2021, which is pending before the second respondent in P2/6520/2021 dated 24.08.2021, under the criminal law by conducting an effective investigation as expeditiously as possible within the time stipulated by this court. For Petitioner : Mr.J.Pooventherarajan For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This writ petition is filed for issuance of Writ of Mandamus directing the respondents 1 and 2 forthwith to take necessary action on the petitioner's complaint dated 24.08.2021, which is pending before the second respondent in P2/6520/2021 dated 24.08.2021.

2. Even though writ of mandamus will not lie for such nature of relief, the learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner, enquiry has been conducted in C.No.6520/2021 and during the course of enquiry, it was found that it is purely civil dispute between the parties regarding the missing of vehicle and the petition was closed on 02.09.2021.

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W.P.(MD) No.17775 of 2021

3. Since the grievance of the petitioner has been redressed by way of conducting enquiry and in view of the closure of the complaint, the petitioner is at liberty to work out his remedy through appropriate proceedings. The learned counsel for the petitioner can get a copy of the closure report from the office of the Public Prosecutor. In view of the above, nothing survives for consideration or for direction. Accordingly, this petition is dismissed as infructuous.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To, 1.The Superintendent of Police, Kanyakumrai District, Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumrai District, Kanyakumari.

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

W.P.(MD) No.17775 of 2021 30.09.2021 RK(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2