Madras High CourtWP(MD)/18096/2019dismissed

Kiruthika v. The Commissioner Of Police

2022-01-24Honourable Dr Justice G. Jayachandran2 pages

W.P (MD) No.18096 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P. (MD). No. 18096 of 2019 and W.M.P(MD).No.15033 of 2019 Kiruthika W/o.K.N.Vasudevan ... Petitioner -VsThe Commissioner of Police, Trichy City, Trichy.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to conduct a detail enquiry on the petitioner's complaint dated 22.05.2019 in accordance with law within a stipulated period fixed by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

This writ petition is filed seeking direction to direct the respondent to conduct a detail enquiry on the petitioner's complaint dated 22.05.2019.

2. The dispute between the petitioner's brother namely M.C.Rajesh and his wife namely Sivarangini. The petitioner herein has been arrested and remanded to Judicial Custody and it is alleged that the action of the respondent police, without proper application of right, the arrest and judicial custody is exercised of power and therefore, the action should be taken against the police officials .

3. When the matter is taken up for consideration today, the learned counsel for the petitioner submitted that there is no instructions from his client. However submitted that the manner in which the petitioner was arrested and remanded to judicial custody without proper application of law and procedure requires action against the police officials.

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W.P (MD) No.18096 of 2019

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that based on the complaint and prima facie, the respondent police took action on the complaint given by Sivaranjini and thereafter, she filed a SLP in SLP.No.4913 of 2019 before the Hon'ble Supreme Court and the Hon'ble Supreme Court has appointed the former Justice Mr.Kurian Joseph as a Mediator and the matter has been settled between the parties and the dispute come to an end.

5. In the light of the above development, this Court is of the view that nothing survives in this writ petition and the police action upon the complaint, cannot be found fault. Hence, this Writ Petition is dismissed. No Costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) tta 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 The Commissioner of Police, Trichy City, Trichy.

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