V.N.Selvarajan v. State Of Tamil Nadu Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.1249 of 2020 V.N.Selvarajan

...Petitioner

-Vs1. State of Tamil nadu rep. by its The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Kilpauk, Chennai - 600 010.

...Respondents

Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to take further action on the petitioner complaint dated 06.11.2019. For Petitioner : Mr.S.Illamvaludhi For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to take further action on the petitioner complaint dated 06.11.2019.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint was closed on 05.02.2020 itself by the second respondent.

3. The learned counsel for the petitioner has submitted that so far no enquiry has been conducted and without conducting any enquiry, the respondent has closed the petitioner's complaint and no intimation was served on him with regard to the closure of the petitioner's complaint.

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4. In view of the decision of the Division Bench 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 under Section 482 of Cr.P.C., as the remedy lies elsewhere. Hence, this criminal original petition is closed. The second respondent is directed to serve the closure report to the petitioner by RPAD within a week 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. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Kilpauk, Chennai - 600 010.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Ilamvaludhi, Advocate, S.R.No.13445 Crl.O.P.No.1249 of 2020 SJ(CO) RN(18/05/2020) https://hcservices.ecourts.gov.in/hcservices/