Madras High CourtWP(MD)/27063/2023dismissed

Elango v. The Inspector Of Police

2023-11-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Elango ... Petitioner Vs.

1.The Inspector of Police District Crime Branch Theni District.

2.C.Irulan 3.Jeyakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein to continue the preliminary enquiry against the respondents 2 and 3 herein as per the direction and order dated 24.06.2022 issued by this Court in Crl.OP(MD).No.10405/2022 on the file of this Court.

For Petitioner : Mr.K.Appadurai For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

O R D E R

This Writ Petition is filed in the nature of Writ of Mandamus, directing the 1st respondent herein to continue the preliminary enquiry against the respondents 2 and 3 herein as per the direction and order dated 24.06.2022 issued by this Court in Crl.OP(MD).No.10405/2022 on the file of this Court.

2.The grievance of the petitioner is that without proper preliminary enquiry, the matter is kept pending.

3. Learned Government Advocate (Crl.side) submitted that on the basis of the complaint given by one Duraipandi, a case was registered in Crime No.28 of 2020 against three persons. Out of the three persons two have been secured and one person is still absconding. Steps are taken to secure the absconding person. Further he submitted that the petitioner is one of the victims and his statement was also recorded on 19.08.2023.

4. Since investigation is under progress, if the petitioner wants to produce further documents, he may also appear before the first 2/4

respondent herein and make his submissions. In view of the developments, I find no reason to entertain this petition.

5. Accordingly, this Writ Petition is dismissed. If the petitioner is aggrieved over the manner in which the investigation is going, he may revive the application at any point of time. No costs. 16.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Inspector of Police District Crime Branch Theni District.

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

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G.ILANGOVAN, J.

pnn Order made in Dated 16.11.2023 4/4