Elangovan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.22575 of 2022 R.Elangovan ... Petitioner /vs./ 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

3.Suresh 4.Kalimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 and 2 to take necessary action as against the Respondents 3 and 4 herein, strictly in accordance with the direction of the Apex Court in Lalitha Kumari vs Govt of U.P and other case, on the basis of the Petitioner's representation dated 21.9.2022. 1/4

For Petitioner : Mr.T.Sathiyanathan For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed to direct the Respondents 1 and 2 to take necessary action as against the Respondents 3 and 4 in accordance with the direction of the Hon'ble Apex Court in the case of Lalitha Kumari vs Govt of U.P, on the basis of the Petitioner's representation dated 21.9.2022. 2.In the reported Ruling of the 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 2/4

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. For this, there shall be a reasonable time of 15 days from the date of order passed by the learned Judicial Magistrate 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.

15.11.2022 Index : Yes / No Internet : Yes / No mm 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm TO:

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

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

Order made in W.P.(MD)No.22575 of 2022 Dated:

15.11.2022 4/4