THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.21407 of 2025

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.4 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that, though the 3^rd respondent, based on the complaint of the petitioner dt.01.11.2022, had registered a case, vide Crime No.327 of 2022 on the same day, the said respondent is not considering the further information, which was sought to be furnished by the petitioner herein under the cover of letter dt.09.07.2025, which action of the respondents-authorities it is contended as illegal and arbitrary.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3, while denying the writ averments, would submit that the respondents-authorities after causing enquiry into the complaint lodged by the petitioner, having registered a case, vide Crime No.327 of 2022 for the offences under Sections 457 and 380 of IPC, had entrusted the investigation to the Sub-Inspector of the 3^rd respondent police station to investigate into the aforesaid crime; and that the concerned Investigating Officer after investigating into the matter submitted a report on 31.01.2023 to the SHO stating that the aforesaid crime remains undetected for the time being.

5. Learned Government Pleader further submits that the petitioner after a lapse of nearly 2½ years had sent letter dt.09.07.2025 by registered post, which was received by the 3^rd respondent authority on 11.07.2025, under which the petitioner had claimed the 4^th respondent to be main culprit in the aforesaid crime and sought for action being taken against the 4^th respondent herein by arraying him as accused in the aforesaid crime.

6. Learned Government Pleader further submits that the petitioner except sending the aforesaid communication by registered post, did not produce any material or evidence and for the said reason, the authority is issuing notice under Section 91 Cr.P.C. calling upon the petitioner to submit documentary evidence/proof of the involvement of the 4^th respondent herein in the commission of the aforesaid crime for the authorities to take further action in the matter.

7. Learned Government Pleader further submits that if only the petitioner furnishes the aforesaid information, in response to the notice being issued under Section 91 Cr.P.C., the authorities would take further action by investigating into Crime No.327 of 2022.

8. I have taken note of the respective contentions urged.

9. Though the petitioner by the present Writ Petition had claimed inaction on the part of respondent Nos.2 and 3 in taking into consideration the further information that was sought to be furnished by him, in connection with Crime No.327 of 2022 and the said information not being received by the respondents-authorities and also acting thereon, admittedly, the petitioner did not approach the 3^rd respondent authority for submitting the alleged further information. However, the petitioner had only addressed a letter dt.09.07.2025 and sent the same by registered post which was received by the 3^rd respondent on 11.07.2025 at 17.11 hours.

10. Since, on behalf of the respondents, it is now stated to this Court that the 3^rd respondent acting on the aforesaid communication/letter sent by the petitioner is contemplating to issue notice under Section 91 Cr.P.C. today, this Court is of the view that the petitioner is to be directed to submit information/documents which would show the involvement of the 4^th respondent in commission of Crime No.327 of 2022 within the time