Rajarajeswari .L v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20335 of 2024 L.Rajarajeswari

...Petitioner

Vs.

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

2.The Inspector of Police, Anna Nagar Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to transfer the case given by the petitioner on 26.07.2024 on the file of the second respondent to any other officer not below the rank of the Deputy Commissioner of Police to investigate the matter. For Petitioner : Mr.S.Parthiban For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the first respondent to transfer the case given by the writ petitioner on 26.07.2024 on the file of the second respondent to any other officer not below the rank of the Deputy Commissioner of Police to investigate the matter.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that on the basis of the complaint given by the writ petitioner, CSR No. 700 of 2024 came to be registered and after enquiry, the same was ordered to be closed on 31.07.2024. He would further submit that the writ petitioner herself has given a letter in writing that she will approach the competent civil Court for redressing her grievances. Moreover, even according to the writ petitioner, she has given a complaint before the 2/4

respondents and since no action was taken, sought for transfer of the case.

4. Admittedly, the writ petitioner has not invoked the provisions of Section 156(3) Cr.P.C. or 200 Cr.P.C. Hence, this petition itself is not maintainable. Accordingly, the Writ Petition stands dismissed. No costs. 28.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Commissioner of Police, Office of Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, Anna Nagar Police Station, Madurai District.

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

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.20335 of 2024 Dated : 28.08.2024 4/4