Madras High CourtWP(MD)/341/2016dismissed for nonprosecution

K.Balasubramanian, v. The Superintendent Of Police,

2020-01-21Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.341 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 341 of 2016 and W.M.P.(MD)Nos.275 & 276 of 2016 K.Balasubramanian ... Petitioner Vs.

1. The Superintendent of Police, Thirunelveli District.

2. The Inspector of Police, Karivalamvandhanallur police station, Thirunelveli District.

3. Azhagukannan, Inspector of Police, Karivalamvandhanallur police station, Thirunelveli District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to register the petitioner's complaint dated 29.12.2015 against the third respondent under Sections 217, 221 of I.P.C. and to take necessary steps to investigate the same and to file final report by the officer not below the rank of Deputy Superintendent of Police on the supervision of the first respondent. For Petitioner : M/s.Rajiv Rufus For Respondents : Mr.A.Robinson, Government Advocate(Crl. Side).

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O R D E R

The learned Government Advocate points out that the prayer in the writ petition is for directing the police authority to register the First Information Report based on the writ petitioner's complaint and that the said prayer may not be maintained before this Court.

2. The remedy open to the petitioner is to file a petition before the jurisdictional Magistrate. That apart, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.341 OF 2016 Government Advocate points out that the petitioner is not available for enquiry.

3. It appears that a criminal case has been filed against the petitioner and that he has left the locality. Therefore, leaving open all the contentions of the petitioner and keeping open his remedy to move the jurisdictional Magistrate, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Superintendent of Police, Thirunelveli District.

2. The Inspector of Police, Karivalamvandhanallur police station, Thirunelveli District.

3. Azhagukannan, Inspector of Police, Karivalamvandhanallur police station, Thirunelveli District.

W.P.(MD)No.341 of 2016 21.01.2020 VB(04.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4