V. Muthukumaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD) No.812 of 2025 V. Muthukumaran ... Petitioner Vs

1. The Commissioner of Police, Thanjavur Corporation, Thanjavur.

2. The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3. The Inspector of Police, Cyber Crime Branch, O/o. Commissioner of Police, Thanjavur.

4. D.Duraimanimozhi ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, directing the 1st to 3rd respondents to consider petitioner's representation, dated 25.06.2025 and to take action against the 4th respondent and others within the time stipulated by this Court.

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For Petitioner : Mr.H.Velavadhas For R1 to R3 : Mr.Thanga Aravindh.B Government Adovacate(Crl.Side)

ORDER

This Writ Petition has been filed seeking a direction to respondent Nos.1 to 3 to consider the petitioner's representation, dated 25.06.2025 and to take action against the fourth respondent.

2. The petitioner is a retired Professor (Non Medical) in Thanjavur Medical College and is also serving as Secretary of a Society namely Utru Valanatu Vellalar Sangam. It appears that there are certain disputes relating to the affairs of the Society. According to the petitioner, the fourth respondent, who is the ex-Treasurer of the Society, abused him in filthy language, for which he lodged a complaint before the respondent Police. Since no effective enquiry was conducted on his complaint, the present Writ Petition has been filed.

3. The learned Government Advocate (Crl. Side) submitted that a counter complaint was also lodged against the petitioner. The petitioner's 2/5

complaint was treated as a petition enquiry in CSR No.154 of 2025, while the counter complaint was treated as CSR No.156 of 2025. As the dispute related to the affairs of a Society, both matters were referred to the Tahsildar for initiating proceedings under Section 145 Cr.P.C.

4. This Court has considered the rival submissions. The allegation of the petitioner is that the fourth respondent abused him in filthy language. Such an allegation, prima facie, discloses a cognizable offence under Section 296 of the Bharatiya Nyaya Sanhita, 2023. The respondent Police, therefore, were not justified in merely referring the matter to the Revenue Officials instead of taking appropriate action on the petitioner's complaint.

5. In view of the above, the second respondent Police is directed to enquire into the petitioner's complaint in CSR No.154 of 2025 and conclude the enquiry within a period of three weeks from the date of receipt of a copy of this order. If any cognizable offence is made out against the fourth respondent, the respondent Police shall register a case and proceed in accordance with law. If no offence is made out, a copy of the closure report shall be furnished to the petitioner, enabling him to work out his remedy in 3/5

the manner known to law.

6. With the above direction, this Writ Petition is closed. No costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To

1. The Commissioner of Police, Thanjavur Corporation, Thanjavur.

2. The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3. The Inspector of Police,, Cyber Crime Branch, O/o. Commissioner of Police, Thanjavur.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

Madurai.

B.PUGALENDHI, J.

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