Madras High CourtWP(MD)/18864/2019disposed as infructuous

R.Devakandhan v. The Superintendent Of Police

2022-03-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN R.Devakandhan ... Petitioner Vs.

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Periyakulam, Theni District.

3. The Sub - Inspector of Police,

4. Ahamed Rafiq

5. Shek

6. Ramalingam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No. 1 to 3 to give adequate police protection to the petitioner and his lodge by taking appropriate action against the respondents No.4 to 6 and other accused persons in Crime No.335 of 2019, dated 09.08.2019 on the file of the second respondent on the basis of the petitioner's representation dated 13.08.2019 within time frame stipulated by this Court.

For Petitioner : Mr.R.Shankar Ganesh For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl Side) For R4 & R5 : Mr.P.R.Prithiviraj

ORDER

This petition is filed seeking Writ of Mandamus, directing the respondents No. 1 to 3 to give adequate police protection to the petitioner on the complaint by taking appropriate action against the respondents No.4 to 6 and other accused persons in Crime No.335 1/3

of 2019, dated 09.08.2019, on the file of the second respondent on the basis of the petitioner's representation dated 13.08.2019 within time frame stipulated.

2. The grievance of the petitioner is that even though the case in Crime No.335 of 2019 was registered on 09.08.2019 no proper action has been taken against those persons and they are threatening him. With regard to the same the petitioner made a representation on 13.08.2019.

3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that investigation was completed and final report has been filed before the learned Judicial Magistrate, Periyakulam and the same has been taken cognizance in C.C.No.285 of 2019 itself.

4. Since final report has been filed as against the accused persons before the concerned Court, the grievance of the petitioner is redressed. Hence, nothing survives for further consideration or direction in this petition.

5. Accordingly, this Writ Petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Ebsi 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 Judicial Magistrate, Periyakulam.

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

3. The Inspector of Police, 2/3

4. The Sub - Inspector of Police,

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

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-11367[F] dated 10/03/2022 ) 09.03.2022 RD(24.03.2022) 3P 7C 3/3