Sivakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.09.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.22104 of 2023 Sivakumar ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Inspector of Police, Thanthonimalai Police Station, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to take appropriate action on the petitioner's complaint dated 25.08.2023 within a time frame fixed by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/5

O R D E R

This Writ Petition is filed seeking for a Mandamus to the second respondent Police to consider the complaint given by the petitioner on 25.08.2023, against one Vinoth Kumar, the Assistant Block Development Officer, Thanthoni Union Office.

2. It is submitted by the learned counsel appearing for the petitioner that in respect of incident that happened on 25.08.2023, the petitioner, who is a practicing advocate, has filed a complaint against the said Vinoth Kumar and the respondents Police, instead of registering the case, basing on the complaint given by the said Vinoth Kumar, have registered a case against the petitioner and therefore, he sought for suitable directions.

3. The learned Government Advocate (Criminal side) appearing for the respondents Police submits that the said Vinoth Kumar, Assistant Block Development Officer, has given a complaint against the petitioner and the Police have registered the same as FIR in Crime No.392 of 2023 2/5

for the offence punishable under Sections 147, 294(b), 506(ii) and 353 IPC against the petitioner. However, the petitioner has sent an unsigned and undated complaint before the Police and thereby, they could not take any action.

4. In view of the submission made by both sides, the petitioner is at liberty to approach the respondents Police afresh and give a complaint by putting signature and date through post. On filing of such complaint, the respondents Police are directed to conduct enquiry and dispose of the same as quickly as possible not later than two weeks from the date of filing of the complaint.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

12.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

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DR.D.NAGARJUN,J ssb W.P.(MD)No.22104 of 2023 Dated:12.09.2023 5/5