P. Karthikeyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Karthikeyan ... Petitioner versus

1. The State of Tamil Nadu, Rep. by The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

... Respondents Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to conduct enquiry by considering the petitioner's representation dated 03.07.2025 and take appropriate action in accordance with law. For Petitioner : Mr.B.Anandan For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner has filed this writ petition seeking a direction to the respondents to conduct enquiry on his complaint dated 03.07.2025 and take 1/4

appropriate action in accordance with law.

2. The petitioner appears to have lodged a complaint directly before the Superintendent of Police, Virudhunagar District. The Superintendent of Police, without ascertaining as to whether any complaint has been filed under Section 174 BNSS before the concerned Police Station, has entertained the same and also forwarded the same to the Deputy Superintendent of Police, who treated the same as current paper enquiry in C.No.G3/29587/2416/2025 dated 07.07.2025 and closed the same on 30.07.2025.

3. This Court is unable to understand the manner in which the higher officials are directly entertaining the complaints and the complaints are enquired as current paper enquiries. Neither the Criminal Procedure Code nor the Bharatiya Nagarik Suraksha Sanhita, 2023 has permitted any such enquiry in the name of current paper enquiry. However, the complainants preferred to lodge a complaint only before the higher officials and the higher officials are also entertaining the same in a mechanical manner and forwarding the same to the Police. The police are conducting enquiry as 2/4

current paper enquiry.

4. Mostly, the civil complaints are preferred in such a manner to the higher officials. The higher officials are also mechanically forwarding the same without even ascertaining as to whether any offense is made out in the complaint or not. The energy of the police is almost spent in dealing with the civil matter rather than in conducting proper investigations in the cases pending for several years.

5. Since it is reported that the petitioner's complaint was treated as current paper enquiry and the same was closed by the respondent Police on 30.07.2025, this writ petition is closed with a direction to the respondent Police to furnish a copy of the closure report to the petitioner enabling him to workout his remedy in the manner known to law. No costs. 05.08.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

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

2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District

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

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