Case Note & Summary
Background: The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of mandamus directing the third respondent (Superintendent of Police) to consider his representation dated 06.01.2025 and to order a petition enquiry by any other investigating agency under the third respondent's supervision. The dispute arose from a complaint dated 09.11.2024 filed by the petitioner before the third respondent against three individuals, alleging offences of cheating and forgery. Facts: The petitioner alleged that the fourth respondent (Inspector of Police) issued summons twice after the expiry of the date of enquiry and that the accused influenced the fourth respondent, who then forced the petitioner to withdraw the complaint and settle the issue. Consequently, the petitioner sought judicial intervention to transfer the enquiry to another agency. Legal Issues: The core question was whether the court should exercise its writ jurisdiction to direct the police to consider the representation and entrust the enquiry to a different investigating agency. Arguments: The petitioner contended that the fourth respondent was biased and the enquiry was not being conducted fairly. The learned Additional Public Prosecutor submitted that the matter was under enquiry, summons had been issued, and the allegation of forcing the petitioner to withdraw was false. He undertook that the respondents would complete the enquiry within one week and conduct it fairly. Court's Analysis: The court noted the limited scope of the prayer and the submission made on behalf of the respondents. Without adjudicating on the merits of the allegations or the prayer for a change of investigating agency, the court directed the fourth respondent to complete the enquiry within one week from the receipt of the order, after affording an opportunity to the petitioner and other interested parties. Decision: The writ petition was disposed of with the above direction and no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Mandamus - Constitution of India, 1950, Article 226 - In a writ petition seeking direction to the police to consider representation and order enquiry by another agency, the court directed the investigating officer to complete the enquiry within one week after affording opportunity to the petitioner, recording the undertaking that the enquiry would be fair - Held that the writ petition is disposed of with the said direction and no order as to costs (Paras 5-6).
Issue of Consideration
Whether a writ of mandamus can be issued directing the police to consider a representation and order enquiry by another investigating agency under the supervision of the third respondent.
Final Decision
This Writ Petition stands disposed of. The court directed the fourth respondent to complete the enquiry within one week from receipt of copy of order, after affording opportunity to the petitioner and other interested parties. No order as to costs.
Law Points
- writ of mandamus
- police enquiry
- fair investigation
- Article 226 of the Constitution
- direction to complete enquiry in a time-bound manner
