B.Shanmugavadivu v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.1015 of 2020 B.Shanmugavadivu .. Petitioner -vs1.The State of Tamilnadu, Rep. by its The Commissioner of Police, Tirupur City Police, Tirupur.

2.The Inspector of Police, 15, Velampalayam Police Station, Tirupur City.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to take actions on the petitioner's complaint dated 29.03.2019 vide CSR.No.122/18 dated 29.03.2019.

For Petitioners : Mr.T.Nixon For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to take actions on the petitioner's complaint dated 29.03.2019 vide CSR.No.122/19 dated 29.03.2019.

2. The learned Additional Public Prosecutor has submitted that the petitioner has not lodged any complaint. On the contrary, the petitioner's husband Boopathy has lodged a complaint on 29.03.2019 and after receipt of the said complaiZsnt, CSR.No.122/2019 was issued. He further submitted that after enquiry, the said CSR was closed on 25.06.2019.

3. The learned counsel for the petitioner has submitted that the respondent without making any enquiry, they have mechanically closed the petitioner's complaint.

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 https://hcservices.ecourts.gov.in/hcservices/

Cr.P.C., as the remedy lies elsewhere. Therefore, no relief can be granted in this petition.

5. With the aforesaid reasons, 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(CS VI) //True Copy// Sub Assistant Registrar Vv To 1.The Commissioner of Police, Tirupur City Police, Tirupur.

2.The Inspector of Police, 15, Velampalayam Police Station, Tirupur City.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Nixon , Advocate SR.No. 3659 CRL.O.P.No.1015 of 2020 A.SK(06/02/2020) https://hcservices.ecourts.gov.in/hcservices/