Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus to direct the police authorities to conduct an enquiry based on his representation dated 24.02.2025. The petitioner had previously lodged a complaint which was closed on 17.12.2024 after due enquiry. Subsequently, he lodged a second complaint on the same allegations, and the police were already conducting an enquiry on that complaint. The Additional Public Prosecutor appearing for the police authorities submitted that the enquiry on the second complaint was underway and would be completed within one week. The court considered the limited scope of the prayer and, without issuing notice to the private parties, directed the police to complete the enquiry in accordance with law within one week from the date of receipt of the order. The writ petition was disposed of with no order as to costs. The decision effectively ensured expeditious completion of the ongoing police enquiry without delving into the merits of the allegations.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226, Constitution of India, 1950 - Police Enquiry - The petitioner sought a direction for enquiry on his representation dated 24.02.2025. The respondents submitted that an earlier complaint was closed on 17.12.2024 and a fresh complaint on the same allegations is under enquiry. Considering the limited scope of the prayer, the court directed completion of enquiry in accordance with law within one week without issuing notice to private parties. Held: Enquiry to be completed within one week. (Paras 1-3)
Issue of Consideration
Whether a writ of mandamus should be issued directing the police to conduct an enquiry when an enquiry is already underway on the same set of allegations.
Final Decision
Writ Petition disposed of with direction to respondents 1 & 2 to complete the enquiry in accordance with law within one week from the date of receipt of order copy. No costs.
Case Details
2025 LawText (MAD) (03) 269
A.Nallathambi Raj, R.M.Anbunithi
1.The Commissioner of Police, Madurai District, 2.The Inspector of Police, C4, Thilagar Thidal Police Station, Madurai District, 3.Vijayavalli, 4.Natrajan
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking mandamus
Remedy Sought
Direction to respondents 1 & 2 to conduct enquiry on petitioner's representation dated 24.02.2025
Filing Reason
Petitioner sought enquiry on his complaint; earlier complaint was closed on 17.12.2024, later complaint was pending enquiry
Previous Decisions
Earlier complaint lodged by petitioner was closed on 17.12.2024 after due enquiry
Issues
Whether a writ of mandamus should be issued directing the police to conduct an enquiry when an enquiry is already underway on the same set of allegations.
Submissions/Arguments
Petitioner sought direction to conduct enquiry on his representation.
Respondents submitted that the enquiry on the second complaint is underway and will be completed within one week.
Ratio Decidendi
When a writ petition seeks only a direction for enquiry and the police authorities are already conducting an enquiry, the Court may direct completion of such enquiry within a stipulated time without issuing notice to private parties.
Judgment Excerpts
This writ petition has been filed seeking for a direction to the respondents 1 & 2 to conduct enquiry based on the representation given by the petitioner dated 24.02.2025.
Learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that already the petitioner lodged a complaint and the same was closed on 17.12.2024 after due enquiry. In the meantime, once again the petitioner lodged a complaint for the same set of allegations and the same is under enquiry. However, they will complete the enquiry within a period of one week.
Considering the limited scope of the prayer sought for in this Writ Petition, this Court without even issuing notice to the private parties directs the respondents 1 & 2 to complete the enquiry in accordance with law within a period of one week from the date of receipt of a copy of this order.
With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Procedural History
Petitioner lodged a complaint, which was closed on 17.12.2024 after enquiry. Petitioner then filed a second complaint on the same allegations and made a representation dated 24.02.2025. Police were conducting enquiry on the second complaint. Petitioner filed writ petition seeking direction to conduct enquiry. The High Court disposed of the petition with directions.
Acts & Sections
- Constitution of India, 1950: Article 226
