The Madras High Court dismissed a writ petition filed by a finance company seeking to restrain police authorities from inquiring into civil liabilities arising from a pending civil suit. The Court held that police enquiry is statutory and cannot be stayed via writ.
No order as to costs; connected miscellaneous petition dismissed.
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: 28.06.2017
CORAM
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
W.P. No.27834 of 2003
Thirunindra Narayana Finances &
Investments Ltd.,
represented by its
Executive Director,
A.K.Prabhakar
No.64, 4 th Avenue,
Ashok Nagar,
Chennai – 600 083. ... Petitioner
Vs.
1. The Commissioner of Police
Egmore,
Chennai- 600 008.
2. The Assistant Commissioner of Police
Ashok Nagar,
Chennai- 600 083.
3. The Inspector of Police,
(Law & Order)
R3. Ashok Nagar Police Station,
Chennai – 600 043.
4. M.Durai
5. Shanthi ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus forbearing the respondents 1 to 3 or their subordinates from enquiring into the civil liability between the petitioner and the respondents 4 to 5 forming the subject matter of the Suit is O.S.No.1282 of 2003 on the file of the VII Additional Judge, City Civil Court, Chennai.
For Petitioner : Mr.T.Senthil Kumar
For Respondents : Mr.A.Zakkir Hussain,
Government Advocate for R1 to R3 Mr.Soundar for R4 & R5
ORDER
The Writ Petitioner, who is a finance company, filed this Writ Petition with a prayer forbearing the respondents 1 to 3 or their subordinates from enquiring into the civil liability between the petitioner and the respondents 4 to 5 forming the subject matter of the Suit is O.S.No.1282 of 2003 pending on the file of the VII Additional Judge, City Civil Court, Chennai.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
aav/Svn
To
W.P.No.27834/2003
CS/20/07/17
2 issues framed by the court
Whether the High Court can issue a writ of mandamus to restrain police authorities from enquiring into civil liability between parties via a civil suit.
Whether the statutory duty of police to conduct an enquiry can be negated by a writ petition under Article 226.
1 provisions across 1 enactments
Thirunindra Narayana Finances & Investments Ltd.
The Commissioner of Police Egmore
The Assistant Commissioner of Police Ashok Nagar
The Inspector of Police, (Law & Order) R3. Ashok Nagar Police Station
M.Durai
Shanthi
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
