Sahul Hameed.M v. The Commissioner 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.23951 of 2022 M.Sahul Hameed ... Petitioner Vs.
1. The Commissioner of Police Office of the Commissioner of Police Trichy City
2. The Inspector of Police City Crime Branch Trichy City ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second Respondent to take appropriate action on the Petitioner's complaint dated 28.04.2022 and complete the enquiry within the time frame as fixed by this Hon'ble Court For Petitioner :Mr.D.Haroon Rasheed For Respondents :Mr.B.Nambiselvan Additional Public Prosecutor
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second Respondent to take appropriate action on the Petitioner's complaint dated 28.04.2022 and complete the enquiry within the time frame as fixed by this Hon'ble Court 1/4
2. Heard Mr.D.Haroon Rasheed learned Counsel for the Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor appearing for the Respondents.
3.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 had 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.
Magistrate concerned for the Investigation Officer or the Police Officer to register a case. Only after the expiry of 15 days or one month from the date of order of learned Judicial Magistrate, the Complainant can approach this Court under Section 482 Cr.P.C. seeking direction. 4.Instead of following the said guidelines, the Petitioner herein had approached this Court straightaway seeking Writ of Mandamus. Hence, this Writ Petition is not maintainable. Accordingly, this Writ Petition is dismissed with liberty to the Petitioner to approach the concerned Court as per the reported ruling of the Hon'ble Division Bench of this Court. No costs.
15.11.2022 Index : Yes / No Internet : Yes/No aav To
1. The Commissioner of Police Office of the Commissioner of Police Trichy City
2. The Inspector of Police City Crime Branch Trichy City
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.23951 of 2022 15.11.2022 4/4