Saratha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Saratha : Petitioner Vs.

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

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai Disrict.

: 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 take necessary steps to withdraw the petitioner's complaint in C.S.R.No.765/2024, dated 30.06.2024 from the second respondent and transfer the same to any other investigating agency for further progress in accordance with law.

For Petitioner : Mr.S.Saravna Kumar For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the first respondent to take necessary steps to withdraw the petitioner's complaint in C.S.R.No.765/2024, dated 30.06.2024 from the second respondent and transfer the same to any other investigating agency for further progress in accordance with law.

2. The learned counsel appearing for the petitioner would submit that the brother-in-law of the petitioner and others have trespassed into the property and caused damage to the property and that the petitioner has given complaint before the second respondent, but without registering FIR, they have registered CSR and that when the petitioner was called for enquiry, he was threatened by the second respondent.

3. The learned Additional Public Prosecutor appearing for the State would submit that on the basis of the complaint given by the petitioner, CSR No.764 of 2024 came to be registered and the same is pending for enquiry.

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4. Considering the nature of allegations levelled, the jurisdictional Deputy Superintendent of Police is directed to conduct enquiry and conclude the C.S.R.No.764 of 2024 within a period of two weeks from the date of receipt of copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

04.09.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Ilayangudi Sub Division, Sivagangai District.

3.The Inspector of Police, Ilayangudi Police Station, Sivagangai Disrict.

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

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K.MURALI SHANKAR, J das Order made in 04.09.2024 4/4