Madras High CourtWP(MD)/22761/2022disposed of

Ibrahimkani.S v. The Superintendent Of Police

2022-10-26Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.Ibrahimkani

...Petitioner

Vs.

1.The Superintendent of Police, Ramanathapuram Ramanathapuram District

2. The Inspector of Police Sayalkudi Police Station Sayalkudi, Ramanathapuram 3.Muniyasamy 4.Murugan

5. Ramasamy

6. Shamugathai

7. Muniyammal

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 1 and 2 to take appropriate action against the Respondents 3 to 7 by conducting an enquiry on the basis of the Petitioner's representation dated 16.08.2022.

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For Petitioner : Ms. Porkodi Karnan For R1 and R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking issuance of a writ of Mandamus directing the Respondents 1 and 2 to take appropriate action against the Respondents 3 to 7 by conducting an enquiry on the basis of the Petitioner's representation dated 16.08.2022.

2. The learned Additional Public Prosecutor would submit that based on the complaint of the Petitioner herein the second Respondent had issued CSR No. 261 of 2022, conducted enquiry and on the enquiry it is found that the second Respondent closed the enquiry as 'Mistake of Fact'.

3. By way of reply, the learned Counsel for the Petitioner would submit that no summons were issued and he was never called for enquiry.

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4. Considering the nature of allegations made by the Petitioner against the Respondents 3 to 7 and the fact that the second Respondent closed the complaint as 'Mistake of Fact ', the Petitioner is directed to approach the appropriate Court seeking legal remedy available to him as per law.

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

26.10.2022 Index :Yes/No Internet: Yes/No aav To 1.The Superintendent of Police, Ramanathapuram Ramanathapuram District

2. The Inspector of Police Sayalkudi Police Station Sayalkudi, Ramanathapuram 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J.

aav W.P(MD).No.22761 of 2022 26.10.2022 4/4