Selva Sekar K v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P(MD)No.23673 of 2022 K.Selvasekar ... Petitioner Vs.
1. The Commissioner of Police Tirunelveli City Tirunelveli District
2. The Inspector of Police Pettai Police Station Tirunelveli District
3. Bathamuthu Beevi
4. Mohammed Ismail
5. Shahul Hameed
6. Aaisha ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second Respondent to conclude the inquiry by considering the Petitioner's representation dated 05.06.2022 within the time prescribed by this Honourable Court For Petitioner :Mr.V.Ragavachari For R1 and R2 :Mr.B.Nambiselvan Additional Public Prosecutor 1/5
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second Respondent to conclude the inquiry by considering the Petitioner's representation dated 05.06.2022 within the time prescribed by this Honourable Court.
2. Heard Mr.V.Ragavachari learned Counsel for the Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor appearing for the Respondents 1 and 2.
3.In the Ruling of Division Bench of this Court in a batch of Criminal Original Petitions reported in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, it was stated that the Writ Petition seeking direction to register the case cannot be ordered. Only Criminal Original Petition under Section 482 of Cr.P.C., can be filed for a direction to register the case. Also in the same judgment, it was stated that the Complainant, before approaching this Court, in cases, where the Police refused to register the case, has to exhaust the remedy available under Section 156(3) Cr.P.C., by filing a Petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate Court concerned. Only the 2/5
learned Judicial Magistrate has to pass appropriate orders directing the Police concerned to register a case and investigate. Even after such direction, if the Police had not registered a case, then the Complainant can approach this Court under Section 482 of Cr.P.C. seeking a direction to register a case. For this, there shall be a reasonable time of 15 days or one month from the date of the order passed by the learned Judicial Magistrate concerned for the Investigation Officer or the Police Officer to register a case. Only after the expiry of 15 days or one month from the date of order of learned Judicial Magistrate, the Complainant can approach this Court under Section 482 Cr.P.C. seeking direction. 4.Instead of following the said guidelines, the Petitioner herein had approached this Court straightaway seeking Writ of Mandamus. Hence, this Writ Petition is not maintainable. Accordingly, this Writ Petition is dismissed with liberty to the Petitioner to approach the concerned Court as per the reported ruling of the Hon'ble Division Bench of this Court. No costs.
15.11.2022 Index : Yes / No Internet : Yes/No aav 3/5
To
1. The Commissioner of Police Tirunelveli City Tirunelveli District
2. The Inspector of Police Pettai Police Station Tirunelveli District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
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SATHI KUMAR SUKUMARA KURUP,J.
aav W.P(MD)No.23673 of 2022 15.11.2022 5/5