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Madras High CourtWP(MD)/23205/2024disposed of

John Swamy Raj v. The Superintendent Of Police

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.23205 of 2024 John Swamy

...Petitioner

Vs.

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

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to instruct the second respondent to take action based on the compliant given by the petitioner, dated 14.05.2024. For Petitioner : Mr.G.Karuppasamypandian For Respondents : Mr.P.Kottaichamy, Government Advocate (Criminal Side)

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders, to direct the first respondent to 1/4

instruct the second respondent to take action based on the compliant given by the petitioner, dated 14.05.2024.

2. The learned counsel appearing for the writ petitioner would submit that the petitioner has made allegations against his sister and sister's husband, who is working as Inspector of Police in nearby police station; that though the petitioner has lodged a complaint on 14.05.2024, enquiry was kept pending in current paper and that there was no action.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner on 14.05.2024, enquiry was pending in current paper and subsequently, CSR came to be registered in CSR.No.971 of 2024, dated 16.10.2024. He would further submit that thereafter, the respondent police has sent notice directing the petitioner to appear for enquiry, but he has not turned up.

4. It is pertinent to note that though the complaint was received on 16.05.2024 in current paper, they have chosen to give CSR after the lapse 2/4

of five months ie., on 16.10.2024 and there is no explanation for the same.

5. Considering the allegations that since the petitioner's sister's husband is working in the same department, the respondent police has not taken any action, the Deputy Superintendent of Police, Vallioor, Tirunelveli District, is directed to issue notice to the petitioner as well as the respondent in the petitioner's complaint and conduct enquiry and pass orders within a period of two weeks from the date of receipt of copy of this order.

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

18.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/4

K.MURALI SHANKAR, J das To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli.

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

Order made in W.P.(MD)No.23205 of 2024 Dated : 18.11.2024 4/4