2026 Supreme(Online)(Mad) 50302

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Navaneetharaja – Appellant
Versus
State of Tamil Nadu – Respondent
W.P.Crl.(MD)No.3106 of 2026

Where a police enquiry into a complaint has already been completed and closed, the High Court will not grant a writ of mandamus to compel police action, but will grant liberty to the petitioner to file a private complaint before the appropriate court.

Headnote:The petitioner filed a writ petition seeking a mandamus to direct police authorities to take legal action based on a representation dated 18.04.2026. Article 226 of the Constitution of India was invoked for this purpose. The court examined the status of the complaint and noted that the police had already conducted an enquiry and subsequently closed the case after advising the parties to seek remedy in the appropriate forum. The court addressed the issue of whether a writ of mandamus could be issued despite the police having already concluded their enquiry and closed the complaint. The ratio decidendi rests on the established principle that if a police enquiry has already been concluded and closed, the appropriate remedy is not to pursue a writ of mandamus, but to avail of the procedure of filing a private complaint before a magistrate. The court disposed of the writ petition, granting liberty to the petitioner to approach the appropriate forum by way of a private complaint.