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Madras High CourtWP(MD)/19957/2023disposed of

Dharmaraj. V v. The Superintendent Of Police

2024-11-11Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH V.Dharmaraj ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Sub Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

3.K.Ramasundaram ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certioarified Mandamus by calling for the entire records pertaining to the report prepared by the second respondent on 21.06.2023 on the petitioner's complaint and quash the same and consequently direct the first respondent to take necessary action on the petitioner's complaint dated29.06.2023.

For Petitioner : Mr.R.Anand For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) for R1 and R2 1/4

O R D E R

This writ petition has been filed challenging the closure report on the complaint given by the petitioner even without registration of an FIR.

2.The closure report cannot become the subject matter of challenging the writ petition. If, ultimately, the police do not investigate the case, the relief that is available to the petitioner is to file an application before the concerned Magistrate under Section 156 (3) of Cr.P.C. (Section 175 of BNSS) and work out his remedy. Except giving this liberty, no further orders can be passed in the writ petition. 3.This writ petition is disposed of in the above terms. 11.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 2/4

To 1.The Superintendent of Police, Virudhunagar District.

2.The Sub Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

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

3/4

N.ANAND VENKATESH,J.

PKN Dated:11.11.2024 4/4