Madras High CourtWP(MD)/22595/2023disposed of

Marimuthu.S.S v. The Superintendent Of Police

2023-09-19Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN S.S.Marimuthu ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kadambur Police Station, Kadambur, Thoothukudi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to initiate appropriate legal actions based on the petitioner's complaint dated 07.07.2023 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.J.Paresh Kumar For Respondents : Mr.S.S.Madhavan Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed seeking for a Mandamus to the respondents Police to take action against the proposed accused basing on a complaint given by the petitioner on 07.07.2023.

2. It is submitted by the learned counsel appearing for the petitioner that the petitioner is working as Post Graduate Teacher and he has got disputes with one Jeyakumar and in respect of that, the said Jeyakumar is alleged to have committed offences which are attracted the provisions under Sections 294(b), 323, 324 and 506(ii) IPC. However, the respondents Police have not taken any action and thereby, sought for suitable directions.

3. The learned Government Advocate (Criminal Side) appearing for the official respondents submits that the complaint given by the petitioner on 07.07.2023 is registered as C.S.R.No.199 of 2023 and during the course of enquiry, the Police have enquired all the five witnesses mentioned by the petitioner in the complaint and all of them have reported that no such offence is taken place. The petitioner, who was present, has left the place and subsequently, did not turn up. The Police, on completion of enquiry, have closed the complaint as no cognizable offence has been taken place. 2/4

4. Since the respondents Police have completed the enquiry and closed the complaint as no offence is taken place, no further directions can be given. In case if the petitioner is aggrieved by the same, he is at liberty to approach the appropriate Court.

5. Accordingly, this Writ Petition is disposed of. No costs. 19.09.2023 NCC:yes/no Index:yes/no Internet:yes/no ssb To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kadambur Police Station, Kadambur, Thoothukudi District.

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

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DR.D.NAGARJUN, J.

ssb 19.09.2023 4/4