A writ petitioner sought a mandamus directing police to conduct a preliminary enquiry under Section 156(3) CrPC. The court held the petition infructuous as the FIR was registered and investigation completed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.12976 of 2017
R.Anburani
.. Petitioner
-Vs-
3.Mrs.Ananthi 4.Mr.Singaram .... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of mandamus directing the respondents 1 and 2 to take action against the respondents 3 and 4 and conduct preliminary enquiry based on the petitioner's complaint, dated 22.06.2017 within the period that may be stipulated by this Court.
For Petitioner : Mr.M.M.Saravanan
For Respondents : Mr.B.Bagawathi for R1 & R2 Government Advocate
ORDER
This writ petition has been filed for the issuance of Writ of mandamus directing the respondents 1 and 2 to take action against the respondents 3 and 4 and conduct preliminary enquiry based on the petitioner's complaint, dated 22.06.2017 within the period that may be stipulated by this Court.
2.The learned Government Advocate (Crl. Side) would submit that the respondent police have already registered the F.I.R. in Crime No.115 of 2018 and after investigation the closure report has also been filed. Therefore, the prayer sought for in this petition https://hcservices.ecourts.gov.in/hcservices/ becomes infructuous.
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3.In view of the above, nothing survives for adjudication in this case. Accordingly, this Writ petition is dismissed as infructuous. No costs.
Sd/Assistant Registrar(CS-I) /True Copy/
Sub Assistant Registrar(CS-I)
To
1.The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Thogamalai Police Station, Thogamalai, Karur District.
+1CC to the Special Government Pleader SR.No. 89142
W.P.(MD)No.12976 of 2017
05.10.2018
TM ES/PM/SAR 1/27.10.2018/2P/4C
1 issue framed by the court
Whether a writ of mandamus directing police to conduct a preliminary enquiry is maintainable when an FIR has already been registered and a closure report filed.
R. Anburani
Superintendent of Police, Karur District
Inspector of Police, Thogamalai Police Station
Mrs. Ananthi
Mr. Singaram
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
