Dismissing a writ petition filed under Article 226, the Court held that police have no statutory duty under the Code of Criminal Procedure to consider private representations for closing a complaint, thus the petition was devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
W.P.No.40689 of 2016
A.P.A.Sabarivasa Petitioner
1.The Superintendent of Police Ramnagar, Coimbatore.
2.The Deputy Superintendent of Police Karumathampatti Police Station Coimbatore.
3.The Inspector of Police Karumathampatti Police Station Coimbatore. Respondents
Writ Petition filed under Article 226 of the Constitution of India, to direct the 1st respondent to consider petitioner's representation dated 09.11.2016 in accordance to law seeking for the closure of the complaint given by the complainant Thiru P.V.Ravi in CSR No.165 of 2016 on the file of the Inspector of Police, Karumathampatti Police Station, the third respondent herein.
For petitioner : Mr.N.Anbazhagan For Respondents : Mr.C.Emalias Addl.Public Prosecutor
This petition has been filed to direct the 1st respondent to consider petitioner's representation dated 09.11.2016 in accordance with law seeking closure of the complaint given by the complainant Thiru P.V.Ravi in CSR No.165 of 2016 on the file of the Inspector of Police, Karumathampatti Police Station, the third respondent herein.
be made as an accused in CSR No.165 of 2016 and therefore, in order to prevent the same, his representation dated 09.11.2016 should be considered by the police.
In the result, this petition is devoid of merits and the same is dismissed. No costs.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
gms
To
1.The Superintendent of Police
Ramnagar, Coimbatore.
2.The Deputy Superintendent of Police
Karumathampatti Police Station,Coimbatore.
3.The Inspector of Police
Karumathampatti Police Station
Coimbatore.
+ 1 cc to M/s. P. Mahesh Kumar, Advocate Sr.67817
W.P No.40689 of 2016
NR1(CO)
Eu 15.12.16
3 issues framed by the court
Whether the writ petition is maintainable seeking direction to police to consider representation for closure of a complaint.
Whether there is a statutory duty on police to consider representations and pass orders for closure of complaints.
Whether the police power to investigate under Chapter XII CrPC creates a duty to act on representations.
2 provisions across 2 enactments
A.P. Sabarivasa
Superintendent of Police, Ramnagar
Deputy Superintendent of Police, Karumathampatti
Inspector of Police, Karumathampatti
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
