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SATHI KUMAR SUKUMARA KURUP
C. Parthasarathy – Appellant
Versus
Superintendent of Police, O/o. Superintendent of Police, Dindigul – Respondent
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 deci
The aggrieved party should approach the Judicial Magistrate under Section 156 Cr.P.C before filing a Writ Petition under Section 226 of the Constitution of India.
The High Court may issue a Writ of Mandamus directing the police to inquire into and dispose of a complaint within a specified timeframe to ensure administrative accountability and justice.
:NON REGISTRATION OF FIR - Complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie ....
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