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Madras High CourtCRL OP/10062/2015closed

K.N.Sakthivel S/O.Narayanasamy v. State By Inspector Of Police,

2018-04-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.10062 of 2015 K.N.Sakthivel

...Petitioner

Vs State by Inspector of Police Tiruppur North Police Station Tiruppur District.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to give copy of the statements which were recorded through six witnesses before filing closure report pursuant to the petitioner's complaint dated 06.09.2013 on the file of the respondent police.

For Petitioner : Mr.V.Sairam For Respondent : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondent to give copy of the statements, which were recorded through six witnesses, before filing closure report, pursuant to the petitioner's complaint dated 06.09.2013 on the file of the respondent police.

2. The petitioner gave a complaint, based on which, a petition enquiry was conducted in CSR.No.9454 of 2013. The petitioner filed Crl.OP.No.782 of 2014, in which, this Court gave the following directions on 29.01.2014:

"3. As, in the instant case, respondents informed of having completed petition enquiry in the matter in keeping with the directions of this Court in Crl.OP.No.28289 of 2013 dated 06.11.2013, wherein the accused parties sought anticipatory bail, this Court directs the respondents to furnish a copy of the closure report along with the annexures to the https://hcservices.ecourts.gov.in/hcservices/

petitioner. The petitioner would be at liberty to move by way of private complaint, if such a course is considered appropriate.

4. With the above directions, the Criminal Original Petition is disposed of. "

3. Pursuant to the aforesaid direction, the police had furnished a copy of the closure report to the petitioner. Not satisfied with the same, the petitioner has filed the present petition for a direction to the respondent police to furnish the copy of the statements recorded by the police.

4. In the opinion of this Court, no such direction can be granted to the respondent police, because, the police have not registered a regular FIR in this case. That apart, this Court has granted liberty to the petitioner even to file a private complaint, by order dated 29.01.2014.

5. Hence, this petition is dismissed as being devoid of merits.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.The Inspector of Police Tiruppur North Police Station Tiruppur District.

2.The Public Prosecutor(Crl.Side) High Court, Madras.

Crl.O.P.No.10062 of 2015 VBA(CO) RRK(03/05/2018) https://hcservices.ecourts.gov.in/hcservices/