Suganya v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.(MD).No.18822 of 2020 Suganya ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.Logeshwari, The Inspector of Police, B-1, Vilakkuthoon Police Station (L&O), Madurai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to conduct an enquiry against 2nd respondent based on the complaint lodged by the petitioner dated 14.09.2020 .

For Petitioner : No Appearance For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

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ORDER

The Writ Petition has been filed seeking a writ of Mandamus directing the first respondent to conduct an enquiry against the second respondent based on the complaint lodged by the petitioner dated 14.09.2020.

2. The allegation in the Writ Petition is that the petitioner gave a complaint against her husband and the second respondent, in the said complaint, did not conduct enquiry in a proper manner and compelled the petitioner to withdraw the complaint and pursue her remedies before the Court.

3. There was no representation for the petitioner continuously. Even today, the case is posted under the caption "for dismissal" and there is no representation for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondents submitted that the complaint filed by the petitioner has been enquired into and it was found that the petitioner had given a letter before the second respondent agreeing to pursue her remedy before the Civil Court in the presence of her counsel. Suppressing the above facts, the Writ Petition has 2/4

been filed. The learned Additional Public Prosecutor further submitted that the first respondent has conducted enquiry against the second respondent and found that the complaint was false.

5. In view of the said submission, there is no merit in the Writ Petition and hence, the Writ Petition is dismissed. There shall be no order as to costs. 04.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, B-1, Vilakkuthoon Police Station (L&O), Madurai.

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

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SUNDER MOHAN, J.

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