Muthupandi v. The Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.18549 of 2023 and W.P(MD)No.21048 of 2023 Crl.O.P.(MD).No.18549 of 2023 Muthupandi ... Petitioner Vs. ... Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue a direction directing the respondent no.1 to withdraw complaint dated 26.05.2023 pending before the respondent no.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of police for further enquiry based on the petitioner's representation dated 08.08.2023. W.P(MD)No.21048 of 2023 Velladurai ... Petitioner Vs. Tirunelveli(District)

3.Rani

4.Thirumalaikumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to take necessary action against the 3rd and 4th respondents on the basis of petitioners representation dated 29.05.2023 and take further action. For Petitioner :Mr.V.Selvakumar For R1 & R2 :Mr.M.Sakthi Kumar

Government Advocate (Crl.side) (in both petitions) COMMON ORDER These Petitions have been filed to issue a direction directing the respondent no.1 to withdraw complaint dated 26.05.2023 pending before the respondent no.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of police for further enquiry based on the petitioner's representation dated 08.08.2023 and to direct the second respondent to take necessary action against the 3rd and 4th respondents on the basis of petitioners representation dated 29.05.2023 and take further action.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

¶3Let the complaints given by the petitioners be reopened by the second respondent and proceed to enquire the complaint. The complaint must be completed within a period of fifteen(15) days, from the date of registration of the complaint, by summoning the petitioner as well as the proposed accused. Depending upon the outcome of the enquiry, the second respondent may take action.

4.With the above said directions, these criminal original petition and the Writ Petition are disposed of. There shall be no order as to costs insofar as the Writ Petition is concerned.

21.11.2023 NCC : Index : Internet : pnn To Tirunelveli(District)

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.18549eofe2023eandeW.P.(MD)No.21048eofe2023 oG.ILANGOVANoo,Jo. pnn Crl.O.P.(MD).No.18549oofo2023 and W.P(MD)No.21048oofo2023 oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo

21.11.2023