Saravanan .M v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2022

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P(MD)No.22636 of 2022 1.M.Saravanan

2. V.Sivamahalingam

3. S.Sivasakthi ... Petitioners Vs.

1.The Superintendent of Police, District Superintendent Office Ramanthapuram District

2. The Deputy Superintendent of Police Economical Offences Wing Madurai, Madurai District 3.The Inspector of Police Kamuthi, Ramanathapuram District

4. P.Jayavel 5.Marrichamy

6. Karupasamy

7. Viji ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to consider the representation made by the Petitioner on 02.09.2022 and 21.09.2022 For Petitioner :Mr.M.Ramachandran For R1 to R3 :Mr.B.Namni Selvan Additional Public Prosecutor 1/4

ORDER

Heard Mr.M.Ramachadran, learned Counsel for the Petitioner and Mr.B.Nambi Selvan, learned Additional Public Prosecutor appearing for the Respondents 1 to 3.

2.In the Ruling of Division Bench of this Court in a batch of Criminal Original Petitions reported in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, it was stated that the Writ Petition seeking direction to register the case cannot be ordered. Only Criminal Original Petition under Section 482 of Cr.P.C., can be filed for a direction to register the case. Also in the same judgment, it was stated that the Complainant, before approaching this Court, in cases, where the Police refused to register the case, has to exhaust the remedy available under Section 156(3) Cr.P.C., by filing a Petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate Court concerned.

Only the learned Judicial Magistrate has to pass appropriate orders directing the Police concerned to register a case and investigate. Even after such direction, if the Police has not registered a case, then the Complainant can approach this Court under Section 482 of Cr.P.C. seeking a direction to register a case.

concerned for the Investigation Officer or the Police Officer to register a case. Only after the expiry of 15 days from the date of order of learned Judicial Magistrate, the Complainant can approach this Court under Section 482 Cr.P.C. seeking direction.

3.Instead of following the said guidelines, the Petitioner herein has approached this Court straightaway seeking Writ of Mandamus. Hence, this Writ Petition is not maintainable. Accordingly, this Writ Petition is dismissed. No costs.

18.10.2022 Index : Yes / No Internet : Yes/No aav To 1.The Superintendent of Police, District Superintendent Office Ramanthapuram District

2. The Deputy Superintendent of Police Economical Offences Wing Madurai, Madurai District 3.The Inspector of Police Kamuthi, Ramanathapuram District

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

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SATHI KUMAR SUKUMARA KURUP aav W.P(MD)No.22636 of 2022 18.10.2022 4/4