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P.S.Pandian v. The Superintendent of Police

Madras HC5 Mar 2025WP(MD)/30151/2024

Case brief

AI extract

What is this about?

W.P(MD)No.30151 of 2024, Madras High Court, Madurai Bench, decided 05.03.2025 by Justice P.Dhanabal. Petitioner P.S.Pandian v. Superintendent of Police and others, Ramanathapuram District. Keywords: transfer of investigation, closure of complaint, closure report, writ of Mandamus, Article 226, counter complaint, FIR Crime No.345 of 2024, Bazaar Police Station, liberty to challenge closure report. Outcome: writ petition closed/disposed, no costs or amounts.

What did the court decide?

No substantive relief; the petition (seeking withdrawal of the complaint from the third respondent and re-entrustment to an officer not below Deputy Superintendent of Police) was not granted; liberty reserved to the petitioner to challenge the closure report in the manner known to law. ¶33

P.S.Pandian Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.30151 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.03.2025

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CORAM :

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THE HON'BLE MR.JUSTICE P.DHANABAL W.P(MD)No.30151 of 2024

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P.S.Pandian ... Petitioner

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The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

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The Additional Superintendent of Police, Office of the Additional Superintendent of Police, Ramanathapuram District.

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The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

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Pondevi

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Karthikraja ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent herein to withdraw the complaint/statement dated 17.11.2024

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30151 of 2024

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pending before the 3rd respondent and entrust the same to any other officer not below the rank of the Deputy Superintendent of Police for further enquiry based on the representation given by the petitioner dated 20.11.2024 and take necessary action in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.P.Palaniappan,

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For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

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O R D E R

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This Writ Petition has been filed seeking a direction to the first respondent herein to withdraw the complaint/statement dated 17.11.2024 pending before the 3rd respondent and entrust the same to any other officer not below the rank of the Deputy Superintendent of Police for further enquiry based on the representation given by the petitioner dated 20.11.2024 and take necessary action.

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2.According to the petitioner, he was assaulted by the private

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30151 of 2024

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respondents on 16.11.2024, thereby, he lodged a complaint, while he was taking treatment in the hospital. But the respondent police has not taken any action based on the statement recorded from the petitioner. Hence this petition.

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3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in fact already the private respondents lodged a complaint against the petitioner and based on the same, an FIR in Crime No.345 of 2024 was registered and the same is under investigation. While so, as a counter complaint the petitioner has lodged the present complaint, for which enquiry has been conducted and the same was already considered and closed. Therefore, the matter has become infructuous.

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4.The petitioner's prayer is to transfer the investigation to some other investigation agency, since the petitioner's complaint was closed as early as on 22.11.2025, therefore, nothing survives for further adjudication in this matter.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30151 of 2024

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5.Therefore, this writ petition is closed with liberty to the

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petitioner to challenge the closure report in the manner known to law.

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05.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR