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Madras High CourtCRL OP/1056/2020disposed of

Jose Hormese v. The Commissioner Of Police

2020-01-22Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.01.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM Crl.O.P.No.1056 of 2020 Jose Hormese ... Petitioner

Versus

1. The Commissioner of Police, Greater Chennai City Police, EVR Road, Vepery, Chennai.

2. The Inspector of Police, Meenambakkam Police Station, Chennai.

3. Namitha Jose.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent to take appropriate lawful further action on the complaint of the petitioner dated 09.12.2019.

For Petitioner :

Mr.R.Sathish Kumar For Respondents :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent to take appropriate lawful further action on the complaint of the petitioner dated 09.12.2019.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.No.64 of 2019 was closed on 25.04.2019 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.

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5. The second respondent is directed to send intimation to the petitioner with regard to the closure of the report within 7 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 ebsi To

1. The Commissioner of Police, Greater Chennai City Police, EVR Road, Vepery, Chennai.

2. The Inspector of Police, Meenambakkam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sathish Kumar, Advocate SR.No.4222 Crl.O.P.No.1056 of 2020 VSN II(CO) GMY(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/