Madras High CourtWP(MD)/20561/2022disposed of

Julius Santhanam v. The Commissioner Of Police

2024-02-12Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Julius Santhanam ... Petitioner Vs.

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

2.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the second respondent to conduct proper investigation of the petitioner's complaint dated 02.07.2022 followed by the representation on 15.08.2022 by following the dictum laid down by the Hon'ble Supreme Court in Lalita Kumar case reported in 2014 (2) SCC 1. For Petitioner : Mr.Poornachandran For Respondents : Mr.S.Manikandan Government Advocate (Crl. side)

ORDER

The Writ Petition has been filed to direct the second respondent to conduct proper investigation of the petitioner's complaint dated 02.07.2022 1/4

followed by the representation on 15.08.2022 by following the dictum laid down by the Hon'ble Supreme Court of India in Lalita Kumar case reported in 2014 (2) SCC 1.

2.When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) appearing for the respondents would submit that based on the complaint given by the petitioner, the second respondent police registered a case in Crime No.338 of 2022 on 01.09.2022 for the offences punishable under Sections 447, 294(b), 427, 323, 506(1) and 109 of IPC and subsequently, the case was referred as a 'Mistake of Fact' on 22.11.2022. Hence, no further order is necessary in this petition.

3.Recording the same, the Writ petition is dismissed with liberty to the petitioner to workout his remedy in the manner known to law. No costs. Index : Yes/No 12.02.2024 Internet : Yes/No NCC : Yes/No Sji 2/4

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

2.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai.

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

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M.DHANDAPANI, J.

Sji 12.02.2024 4/4