Madras High CourtWP Crl.(MD)/1960/2025disposed of

S. Kiffam, v. The Commissioner Of Police,

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN S. Kiffam ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner, Central Crime Branch, Viswanathapuram, Madurai-625014.

3.The Inspector of Police, Centrla Crime Branch, Viswanathapuram, Madurai-625014.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take appropriate action as per the order passed in Cr.M.P. No. 9479 of 2023 dated 27.11.2023 by learned Judicial Magistrate No.1, Madurai, on the basis of petitioner representation dated 14.10.2025. 1/4

For Petitioner : Mr.K.K.Kannan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the respondents to comply with the direction issued by the learned Judicial Magistrate No.1, Madurai, in in Crl.M.P. No. 9479 of 2023, dated 27.11.2023. In the aforesaid order, the learned Magistrate directed the respondents to conduct an enquiry in terms of the directions issued by the Hon'ble Supreme Court in Lalitha Kumari Vs Govt. of U.P., reported in (2014) 2 SCC 1 and take action in accordance with law.

2.The learned counsel for the petitioner would submit that though the direction of the learned Magistrate was issued on 27.11.2023, the respondents have not complied with the said direction. Therefore, the petitioner filed a memo in Crl.M.P.No.9479 of 2023 stating that the respondents have not complied with the directions issued by the learned Magistrate.

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3.The learned Additional Public Prosecutor appearing for the respondent police, per contra, would submit that an enquiry was conducted and the report was, in fact, filed before the learned Magistrate. 4.In view of the rival contentions, this Court is of the view that if the petitioner claims that no report was filed, he can approach the learned Judicial Magistrate No.1, Madurai, by filing an application seeking enforcement of the earlier directions. If the respondents have filed the report, the petitioner is entitled to challenge it if he is aggrieved by it. 6.With the above observation, this Writ Petition is disposed of. No costs.

05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To 1.The Commissioner of Police, Madurai City, Madurai.

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SUNDER MOHAN,J cp 2.The Assistant Commissioner, Central Crime Branch, Viswanathapuram, Madurai-625014.

3.The Inspector of Police, Centrla Crime Branch, Viswanathapuram, Madurai-625014.

ORDER

IN WP CRL.(MD) No.1960 of 2025 Date : 05/11/2025 4/4