Sam Denial Raj v. State rep. By The Superintendent of Police, Nagercoil
2016-08-03
S.S.SUNDAR
body2016
DigiLaw.ai
ORDER : This writ petition has been filed for a Writ of Mandamus directing the respondents to instruct the respondents 2 and 3 to stop the foisting of the false case continuously against the petitioner, based on the representation of the petitioner dated 21.03.2014 forthwith. 2. The case of the petitioner is that few false complaints were given against the petitioner before second respondent and the criminal cases were also registered against him in Crime No.266 of 2009 and 271 of 2009. The petitioner states that without stopping with the complaints which are pending before the second respondent, the respondents 2 and 3 are foisting and fabricating cases against the petitioner and added him even in cases when the accused are unidentified. 3. None appeared for the petitioner. 4. The prayer in the writ petition is an innocuous one and this Court, in exercise of power under Article 226 of the Constitution of India, cannot direct the respondents 2 and 3 to do something, which is against law or directing them not to do something which they are expected to do under law. Every complaint if it makes out an offence has to be registered and investigated. If the petitioner is aggrieved by registration of a false case, adequate remedy is available to him in law. The petitioner's representation dated 21.03.2014 on the premise that he is not involved or is not going to indulge in any criminal activity, cannot be judged by this Court on the basis of his own affidavit. The respondents 2 and 3 are the persons, who are expected to protect law and order in accordance with the procedure prescribed in law. Hence, this writ petition is dismissed. No order as to costs.