This order dismisses a writ petition where the petitioner failed to appear and no protest petition was filed before the Judicial Magistrate. The Court found the petitioner had no available remedy other than filing the protest petition.
The writ petition is dismissed with no costs.
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.
W.P.(MD)No.16974 of 2017
B.Sudha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021 CORAM :
THE HON'BLE MR JUSTICE G.ILANGOVAN
W.P.(MD)No.16974 of 2017
... Petitioner
Vs.
1.The Superintendent of Police,
Sivagangai District.
2.The Deputy Superintendent of Police, Manamadurai,
Sivagangai District.
3.The Inspector of Police, Thirupuvanam Police Station,
Sivagangai District.
4.Manikanda Eswaran, Sub-Inspector of Police, Palayanur Police Station, Sivagangai District.
5.M.Jegadesh. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent passed in N4/8288/132/SPL/2017 dated 11.05.2017 and quash the same and direct the Respondents 1 to 3 to take legal action as against the Respondents 4 and 5 as per law.
For Petitioner : No Appearance For R1 to R3 : Mr.M.Ganesan Government Advocate (Crl.Side) For R4 & R5 : Mr.S.A.Ajmal Khan
O R D E R
This writ Petition has been filed to quash the impugned order passed in N4/8288/132/SPL/2017, dated 11.05.2017, and direct the Respondents 1 to 3 to take legal action as against the Respondents 4 and 5.
2.There was no representation on the side of the petitioner for the past several hearings.
3.When the matter came up for hearing on 08.01.2021, the Registry was directed to verify whether the defacto complainant has https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.16974 of 2017
filed any protest petition before the learned Judicial Magistrate, Thiruppuvanam.
4.As per the information furnished by the learned District Munsif cum Judicial Magistrate, Thiruppuvanam, it is seen that the petitioner has not filed any protest petition. Now, the only remedy, available to the petitioner is filed protest petition before the learned Judicial Magistrate.
5.Considering the above fact and circumstance of the case, this writ petition is liable to be dismissed and accordingly dismissed. No costs.
Assistant Registrar (AE)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
dss
To
1.The Superintendent of Police, Sivagangai District.
2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.
3.The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.
W.P.(MD)No.16974 of 2017 04.02.2021
(TP)CO AP(17/02/2021) 2P 4C
2/2
B.Sudha
Superintendent of Police, Sivagangai District
Deputy Superintendent of Police, Manamadurai
Inspector of Police, Thirupuvanam
Manikanda Eswaran
M.Jegadesh
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
