Madras High Court Disposes Writ Petition Seeking Speedy Police Enquiry on Complaint. Court Directs Inspector of Police to Complete Enquiry within Fifteen Days Based on Police Undertaking.

High Court: Madras High Court Bench: Madurai In Favour of Prosecution
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Case Note & Summary

The petitioner approached the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India seeking a writ of mandamus to direct the police to complete enquiry on a complaint he had lodged. The complaint dated 04.02.2025 pertained to an incident that required police investigation. Alleging that the police had not acted expeditiously on his complaint, the petitioner sought judicial intervention. The respondents, through the Additional Public Prosecutor, informed the court that the complaint had been received, enquiry was ongoing, and the opposite party was located in Maharashtra. Summons had already been issued to facilitate the enquiry. The prosecution undertaking was given that the enquiry would be completed within fifteen days. The court, after hearing both sides and perusing the records, found the relief sought to be limited in scope. Relying on the undertaking of the respondents, the court disposed of the writ petition with a direction to the third respondent, the Inspector of Police, Siruganur Police Station, to complete the enquiry within fifteen days from the date of receipt of a copy of the order. No costs were awarded. The judgment reinforces the High Court's supervisory jurisdiction under Article 226 to issue directions for time-bound completion of statutory duties such as police enquiry, especially when an undertaking is provided by the state authorities.

Headnote

A) Constitutional Law - Writ Jurisdiction - Mandamus - Article 226, Constitution of India - The petitioner filed a complaint with the police on 04.02.2025 and sought a writ of mandamus for speedy enquiry and necessary action. The police submitted that enquiry was pending, the opposite party was in Maharashtra, summons had been issued, and the enquiry would be completed within fifteen days. The High Court, considering the limited scope of relief and recording the undertaking given by the police, directed the third respondent (Inspector of Police) to complete the enquiry within fifteen days from the date of receipt of a copy of the order. Held, the writ petition is disposed of with the above direction and no order as to costs. (Paras 2-4)

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Issue of Consideration

Whether a writ of mandamus should be issued to direct the police to complete enquiry on a complaint within a specified time.

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Final Decision

The writ petition was disposed of with a direction to the third respondent to complete the enquiry within fifteen days from the date of receipt of a copy of the order. No order as to costs.

Law Points

  • Writ of mandamus
  • Article 226
  • direction for completing enquiry
  • police obligation to enquire
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Case Details

2025 LawText (MAD) (03) 267

W.P.(MD)No.5434 of 2025

2025-03-03

P. DHANABAL

Mr. V. Selvakumar, Mr. R.M. Anbunithi

Anbuselvan

1. The Superintendent of Police, Trichy; 2. The Deputy Superintendent of Police, Lalgudi; 3. The Inspector of Police, Siruganur Police Station

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct police to complete enquiry on a complaint.

Remedy Sought

Petitioner sought a direction to the third respondent, Inspector of Police, Siruganur Police Station, to complete enquiry on his complaint dated 04.02.2025 and take necessary action in accordance with law.

Filing Reason

The petitioner's complaint dated 04.02.2025 was not enquired into expeditiously, prompting the filing of the writ petition.

Issues

Whether a writ of mandamus should be issued directing the police to complete enquiry on a complaint within a stipulated time.

Submissions/Arguments

Petitioner sought a direction for speedy enquiry and necessary action on his complaint. Learned Additional Public Prosecutor for the respondents submitted that the complaint was received, enquiry is ongoing, opposite party is in Maharashtra, summons already issued, and the enquiry would be completed within fifteen days.

Ratio Decidendi

Where the police undertake to complete an enquiry within a certain period, the High Court under Article 226 of the Constitution may issue a direction to ensure compliance and timely completion of the enquiry.

Judgment Excerpts

the respondents received the complaint of the petitioner dated 04.02.2025 and the enquiry is pending. ... they will complete the enquiry within a period of fifteen days. considering the limited scope of the relief sought for in this petition and recording the submission of the learned Additional Public Prosecutor for the respondents, this Court directs the third respondent to complete the enquiry within a period of fifteen days from the date of receipt of a copy of this order.

Procedural History

The petitioner filed a complaint dated 04.02.2025 with the police. Alleging inaction, he filed W.P.(MD)No.5434 of 2025 under Article 226 of the Constitution before the Madurai Bench of Madras High Court seeking a writ of mandamus for speedy enquiry. The respondents submitted that enquiry was pending. The court disposed of the petition with a direction on 03.03.2025.

Acts & Sections

  • Constitution of India: Article 226
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