← Library
Madras High CourtCRL OP/711/2020disposed of

B.Sheik Thazhi Hussain v. The Inspector Of Police

2020-02-05Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :05.02.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM CRL.O.P.No.711 of 2020 B. Sheik Thazhir Hussain ..Petitioner Vs.

State rep. By Inspector of Police Mangadu Police Station, Mangadu, Chennai.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent to take further action against the accused persons on the basis of petitioner's complaint dated 20.05.2019 in CSR.No.964 of 2019. For Petitioner :

Mr.P.Lakshmidevi For Respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to take further action against the accused persons on the basis of petitioner's complaint dated 20.05.2019 in CSR.No.964 of 2019.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide CSR.No.964 of 2019 was closed on 19.12.2019 itself.

3. The learned counsel for the petitioner has submitted that so far the petitioner has not received any intimation with regard to the closure of the report.

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. The respondent is directed to send intimation to the petitioner with regard to the closure of the report within 7 1/2 https://hcservices.ecourts.gov.in/hcservices/

days from the date of receipt of a copy of this order. It is open to the petitioner to avail any other remedy which is available under law.

6. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police Mangadu Police Station, Mangadu, Chennai.

2. The Public Prosecutor, High Court, Madras.

AKM/17.03.2020/2P-3C / Crl.O.P.No.711 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/