M CHANDRAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) WRIT petition filed under Article 226 of the Constitution of India, for issuance of a WRIT of Mandamus, for the reasons stated therein. This writ petition is filed for a direction to the 3rd respondent to club the complaints pending in CSR No.419/2009 and CSR No.241/2009, pending before the 2nd and 1st respondent respectively, and to transfer the same to the District Crime Branch, Krishnagiri with a direction to register and investigate the same expeditiously.

(2.) THE averments made in the writ petition are as follows:

(3.) WITH regard to the said arguments, the learned counsel for the petitioner submitted, by relying upon the judgment reported in (1998) 5 SCC 749 (PEPSI FOODS LTD ..vs.. SPECIAL JUDICIAL MAGISTRATE AND OTHERS) that the petition filed under Article 226 can be treated as one under Article 227 of the Constitution or section 482 Cr.P.C. Therefore, there is no bar in seeking for a direction to the respondents to register the complaint and transfer the same. Further, the learned counsel for the respondent relied on the judgment rendered in Crl.O.P.9245 of 2008, wherein this Court by relying on SAKIRI VASU's case has held that the Honourable Supreme Court does not come under exception and that in appropriate cases, in order to prevent the miscarriage of justice, directions can be issued. Further, the learned counsel relied on the judgment reported in 2008-2-L.W.(Crl.) 843 (A.SOWFILA ..vs.. THE COMMISSIONER OF POLICE, MADURAI AND OTHERS) and submitted that considering the facts and circumstances of that case which apply to the facts of the present case, the prayer sought for has to be allowed.