Madras High CourtCRL OP/125/2020closed

R.Umapathi v. State Rep.By

2020-01-06Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.125 of 2020 R.Umapathi ... Petitioner Vs.

1. State Rep by The Inspector of Police, Thimiri Police Station, Vellore District.

2. M.Prasad Sri Elumalayan Agencies, Indian Oil Petrol Bank, Arni Road, Timiri, Arcot Taluk, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent police to investigate the said petitioner complaint dated 19.11.2019 vide C.S.R.No. 615 of 2019 and conduct further investigation in the above said complaint against the second respondent.

For Petitioner : M/s. D.Bharathy For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent police to investigate the said petitioner complaint dated 19.11.2019 vide C.S.R.No. 615 of 2019 and conduct further investigation in the above said complaint against the second respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

appearing for the first respondent.

3. The learned Additional Public Prosecutor has submitted that already enquiry was conducted on the petitioner's complaint and the same was closed on 11.12.2019.

4. In G.Prabakaran Vs. The Superintendent of Police, Thanjavur in (Crl.O.P.(MD)No.13681 of 2018 batch) a Division Bench of this Court has held that once a complaint is closed by the SHO, the informant cannot invoke Section 482 of Cr.P.C., as the remedy lies elsewhere.

5. Hence, this Criminal Original Petition is closed. It is open to the petitioner to avail any other remedy which is available under law.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ebsi To

1. The Inspector of Police, Thimiri Police Station, Vellore District.

2. The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.125 of 2020 CB(19/02/2020) https://hcservices.ecourts.gov.in/hcservices/