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Madras High CourtWP Crl.(MD)/1438/2025disposed of

Harish v. The Commissioner Of Police

2025-09-19Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Harish S/o. Sivanesan ... Petitioner Vs.

1.The Commissioner Of Police Madurai City, Madurai.

2.The Inspector Of Police, City Crime Branch-I, Madurai City.

3.The Inspector Of Police, City Crime Branch-III, Madurai City.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to complete the enquiry on the petitioners complaint dated 02.07.2025 within the time stipulated by this Court.

For Petitioner : Mr.R. Anand for Mr.R.Ponkarthikeyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

O R D E R

The petition for a writ of mandamus directing the second respondent to complete enquiry on the petitioner's complaint dated 02.07.2025. 2.The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that the complaint only disclosed a civil dispute and that since the proposed accused undertook to repay the money, the enquiry was closed.

3.The learned counsel for the petitioner, however, would submit that the complaint discloses a cognizable offence. 4.This Court is of the view that if the petitioner is aggrieved by the closure of the complaint by the second respondent, it is open to him to approach the concerned learned Magistrate and seek appropriate remedy. It is needless to say that the learned Magistrate may consider the same on its merits.

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5.With the above observations, this Writ Petition is disposed of. No costs.

19.09.2025 NCC: Yes/No Internet : Yes/No Index:Yes/No cp To 1.The Commissioner Of Police Madurai City, Madurai.

2.The Inspector Of Police, City Crime Branch-I, Madurai City.

3.The Inspector Of Police, City Crime Branch-III, Madurai City.

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

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SUNDER MOHAN,J.

cp W.P.crl(MD)No.1438 of 2025 19.09.2025 4/4