Palaniappan G v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH G.Palaniappan ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

3.Karthe Kannaiayan 4.Raja Kannu Ambalam 5.Yogeswari 6.Murugan 7.M.Ramu

8. M.Jaisirani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.1 and 2 1/4

herein to conduct enquiry and take appropriate action against the respondent Nos.3 to 8 on the basis of the petitioner complaints dated 03.07.2023 and its remainder dated 14.07.2023, 21.07.2023 and 01.08.2023 within a stipulated time period in accordance with law. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) for R1 and R2

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first and second respondents to conduct enquiry and take appropriate action against the respondents 3 to 8 on the basis of the petitioner's complaint.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the first and second respondents.

3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. 2/4

The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. In exercise of jurisdiction under Section 482 of Cr.P.C. what cannot be achieved by filing a petition under Section 482 of Cr.P.C. cannot be indirectly sought to be achieved by filing a writ petition under Article 226 of the Constitution of India. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra. 4.This Writ Petition is disposed of accordingly. 11.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/4

N.ANAND VENKATESH,J.

PKN To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

Dated:11.11.2024 4/4