Madras High CourtWP(MD)/18141/2021disposed of

Paraman.S v. The Director General Of Police

2021-10-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD) No.14989 of 2021 S.Paraman ... Petitioner Vs 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600004.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Deputy Superintendent of Police, Thirumanagalam Sub-Division, Madurai District, Madurai.

4.The Inspector of Police (I/C), Thirumanagalam Town Police Station, 5.The Sub-Inspector of Police, Austinpatti Police Station, 6.Samiyappan 7.Sekar @ Kolikadai Sekar ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate action against the respondents 6 and 7 based on the petitioner's representation dated 31.08.2021.

For Petitioner : Mr.N.Marimuthu For R1 to R5 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the respondents 1 to 3 to take action on the basis of the representation dated 31.08.2021 against the respondents 6 and 7.

2.It appears that based upon the complaint given by this 1/3

petitioner, a case in Crime No.240 of 2021 has been registered for the offences punishable under Sections 294(b) and 506 (ii) of IPC and Section 3 (1) (r) and 3 (1) (s) of SC/ST (POA) Amendment Act, 2015 against one Sekar. Now, the matter is under investigation. 3.The grievance of the petitioner is that pending the aforesaid investigation, the private respondents herein, namely, respondents 6 and 7 are pressurizing the petitioner to withdraw the case, based upon which, he sent a representation. Since there is no action, this petition came to be filed.

4.The petitioner ought to have filed a proper compliant against the private respondents herein, if any pressure or trouble is made by them, before the concerned authority. Sending representation to take action against them may not be proper. Based upon the representation also, the authorities cannot act, unless there is proper complaint. So, liberty is granted to the petitioner to give proper complaint before the authority concerned setting out the facts and circumstances for registering proper case. 5.With the aforesaid liberty, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600004.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Deputy Superintendent of Police, Thirumanagalam Sub-Division, Madurai District, Madurai.

4.The Inspector of Police (I/C), Thirumanagalam Town Police Station, 2/3

5.The Sub-Inspector of Police, Austinpatti Police Station, +1 CC to M/s.N.MARIMUTHU, Advocate ( SR-31305[F] dated 06/10/2021 ) W.P.(MD)No.18141 of 2021 05.10.2021 PK(CO) RS/JC (02.11.2021) 3P 7C 3/3