N.Abdullah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.23688 of 2024 N.Abdullah

...Petitioner

Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi Taluk, Sivagangai District.

3.The Inspector of Police, Karaikudi North Crime Police Station, Karaikudi, Karaikudi Taluk, Sivagangai District.

4.M.Sahul Hameed Thajudeen ... 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 pass suitable order for change of investigation of the 1/4

petitioner's complaint in current paper no.2024/may/15/01596 dated 15.05.2024 from the file of the third respondent to some other agency. For Petitioner : Mr.S.Atham Ali For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the first respondent to pass suitable order for change of investigation of the writ petitioner's complaint in current paper No.2024/may/15/01596 dated 15.05.2024 from the file of the third respondent to some other agency.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the writ petitioner, enquiry was conducted in current paper and after enquiry, the same was 2/4

ordered to be closed.

4. When the matter is pending in current paper, there is absolutely no scope for seeking change of investigation without knowing what had happened and as such, the prayer itself cannot be entertained. Hence, the Writ Petition stands dismissed. No costs.

04.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi Taluk, Sivagangai District.

3.The Inspector of Police, Karaikudi North Crime Police Station, Karaikudi, Karaikudi Taluk, Sivagangai District.

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

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.23688 of 2024 Dated : 04.10.2024 4/4