Abdul Samad v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.28600 of 2024 Abdul Samad ... Petitioner Vs.
1. The Deputy Inspector General of Police South Zone, Madurai
2. The Superintendent of Police Ramanthapuram District
3. Jeevarathinam Inspector of Police Earvadi Police Station Ramanathapuram District ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take appropriate action against the third respondent based on the petitioner's representation dated 28.10.2024 within a specific period as fixed by this Court.
For Petitioner :Mr.S.Balaji For Respondents :Mr.R.Meenakshi Sundaram No.1 and 2 Additional Public Prosecutor 1/5
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the first respondent to take appropriate action against the third respondent based on the petitioner's representation dated 28.10.2024 within a specific period as fixed by this Court.
2. Heard Mr.S.Balaji learned Counsel for the Petitioner and Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the Respondents1 and 2 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., 2/5
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. For this, there shall be a reasonable time of 15 days or one month from the date of the order passed by the learned Judicial 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.
02.12.2024 Index : Yes / No Internet : Yes/No aav 3/5
To
1. The Deputy Inspector General of Police South Zone, Madurai
2. The Superintendent of Police Ramanthapuram District
3. Jeevarathinam Inspector of Police Earvadi Police Station Ramanathapuram District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN ,J.
aav W.P(MD)No.28600 of 2024 02.12.2024 5/5