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2024 DIGILAW 153 (MAD)

C. Parthasarathy v. Superintendent of Police, O/o. Superintendent of Police, Dindigul

2024-01-10

SATHI KUMAR SUKUMARA KURUP

body2024
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to conduct the enquiry based on Section 154(3) Cr.P.C on the Petitioner's Complaint dated 13.12.2023 and to consider the same within a time frame as may be fixed by this Court.) The learned counsel for the Petitioner submits that he had preferred a Complaint with the 2nd Respondent. Since the 2nd Respondent had not taken any action against the Respondents 3 and 4, he was forced to file this Writ Petition. 2. The learned Additional Public Prosecutor submits that as per the reported Ruling of the Hon'ble Division Bench of this Court in CDJ-2018-MHC-5100 in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, the Registry was directed not to number the Writ Petition mechanically. 3. In the Ruling of Division Bench of this Court in a batch of Criminal Original Petitions reported in CDJ 2018 MHC 5100 in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another, it was stated that the Writ Petition seeking direction to register the case cannot be ordered. As per the reported decision, instead of filing Criminal Original Petition for direction, the aggrieved party shall approach the Judicial Magistrate under Section 156 Cr.P.C. Only after direction is issued by the learned Judicial Magistrate / Metropolitan Magistrate, after reasonable time, ie. one or two months and after such direction by the Magistrate, they shall file Criminal Original Petition under Section 482 Code of Criminal Procedure. and not the Writ Petition, under Section 226 of the Constitution of India. In spite of the same, the Petitioner had come forward with the Writ Petition and as per the reported Judgment, the concerned Section is mechanically numbering the Writ Petition. 4. Hence, this Petition is dismissed. The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, shall look into the matter and issue Memo to the erring Staff. No costs.