G.Thirupathy v. State By Inspector Of Police ( Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.01.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM Crl.O.P.No.1247 of 2020 G.Thirupathy ... Petitioner

Versus

State by Inspector of Police, (Crime) D-1, Triplicane Police Station, Chennai.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent police to take further action upon the petitioner's complaint dated 01.11.2019.

For Petitioner :

Mr.S.Sudhakar For Respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to take further action on the petitioner's complaint dated 01.11.2019.

2. The learned Additional Public Prosecutor has submitted that after receipt of the complaint of the petitioner and after conducting preliminary enquiry, the petitioner's complaint was closed on 27.01.2020.

3. The learned counsel for the petitioner has submitted that without hearing the petitioner, the respondent has closed the petitioner's complaint.

4. In view of the Division Bench decision of this Court in G.Prabakaran Vs. The Superintendent of Police, Thanjavur in (Crl.O.P.(MD)No.13681 of 2018 batch) dated 20.09.2018, that once a complaint is closed by the SHO, the informant cannot invoke Section 482 of Cr.P.C., as the remedy lies elsewhere. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, (Crime), D-1, Triplicane Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.S.Sudhakar, Advocate Sr.7956 Crl.O.P.No.1247 of 2020 cp[co] srg 20/03/2020 https://hcservices.ecourts.gov.in/hcservices/