D. Joseph v. The Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On :
02.12.2024 Pronounced On :
15.05.2025
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN D.Joseph ... Petitioner Vs.
1.The Inspector General of Police, South Zone, Natham Road, Madurai.
2.The Superintendent of Police, Madurai District, Madurai.
3.The Inspector of Police, Tirumangalam Town Police Station, Madurai District.
... Respondents PRAYER: Writ Petition has been filed under Section 226 of Constitution of India, to issue writ of Mandamus to direct the third respondent to conduct preliminary enquiry on the petitioner's complaint dated 11.12.2023 and take further action.
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For Petitioner : Mr.C.Mayilvagana Rajendran For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
The petitioner has filed this writ petition to take appropriate action on the basis of the petitioner's representation dated 11.12.2023.
2. The writ petitioner is a journalist, he was working in weekly magazine, namely, "Junior Vikatan" as a reporter. Mr.A.Pramanayagam, who is an Advocate, helped the petitioner for getting patta. Thereafter, there was no communication between them. After that, the said A.Pramanayagam had given a complaint, in the name of the petitioner, before the District Consumer Forum, Tirunelveli, against Hotel Sri Maduram, without the knowledge of the petitioner. In the meantime, the petitioner went to Hotel Sri Maduram at K.T.C. Nagar, Palayamkottai, Tirunelveli, to have tiffin and at that time, the owner of the hotel had asked about the said complaint. In this regard, the petitioner verified the 2/7
same with the District Consumer Forum, Tirunelveli. There were nearly eight complaints filed in the name of the petitioner. The said Pramanayagam has a habit of filing false complaint before the District Consumer Forum in the name of his friends and relatives, and extracted money from the businessmen and industrialists. After filing the complaint, Pramanayagam would approach the business people and would withdraw the complaints, upon receiving money from them. Therefore, the petitioner had filed the complaint dated 12.05.2022 before the District Consumer Forum, Tirunelveli against the said A.Pramanayagam to take necessary action for filing false complaint against various hotels using his name.
2.The District Consumer forum, Tirunelveli issued a notice dated 19.05.2022, directing the petitioner to appear on 31.05.2022. Pursuant to which, the petitioner herein appeared before the District Consumer Forum in person on 31.05.2022 and the statement was recorded from the petitioner. In his statement, he made clear that he had not filed any complaint in C.C.Nos.160 of 2019, 188 of 2019, 44 of 2019, 97 of 2019, 31 of 3/7
2019 and 128 of 2019 and he had denied the signatures found in the complaints.
3.After conducting the preliminary enquiry, the Presiding Officer, District Consumer Forum filed a complaint for the offences punishable under Sections 195 (1)(b) and (I) r/w 340 of Cr.P.C., before the learned Judicial Magistriate No.1, Tirunelveli and the same was taken on file in C.C.No.1698 of 2022. Therafter, the accused did not co-operate with the trial Court to complete the trial proceedings. 4.Further, A.Paramanayagam has spontaneously filed complaints before the consumer Forum. Therefore, the petitioner made the representations.
5.The practising advocate A.Pramanayagam preferred 64 forged complaints in the name of his relatives, friends and his junior advocate forging their signature before the District Forum and threatened the various hotel owners to settle the case. Therefore, a slew of complaints 4/7
were lodged against the said Pramanayagam. This Court already had taken cognizance in Crl.O.P.(MD).No.14337 of 2023 and in that case, Special Investigating Officer has been appointed, namely, Assistant Commissioner of Police, City Crime Branch, Tirunelveli. In the said case, the Assistant Commissioner of Police, filed a status report and sought further time to complete the investigation.
6.In view of the above, this writ petition stands closed. There shall be no order as to costs.
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To 1.The Inspector General of Police, South Zone, Natham Road, Madurai.
2.The Superintendent of Police, Madurai District, Madurai.
3.The Inspector of Police, Tirumangalam Town Police Station, Madurai District.
4.The Special Public Prosecutor for CBI Cases, Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
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