Madras High CourtCRL OP/1871/2020disposed of

S.Vallavan v. The Commissioner Of Police

2020-02-03Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.1871 of 2020 S.Vallavan ... Petitioner Vs.

1. The Commissioner of Police, Chennai - 7.

2. The Inspector of Police, R7, K.K.Nagar Police Station, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent herein to take immediate further action on the petitioner's representation dated 22.12.2019.

For Petitioner : M/s. C.Jeremiah For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent herein to take immediate further action on the petitioner's representation dated 22.12.2019.

2. The learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.No.709 of 2019 was closed on 28.01.2019 itself.

4. 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.

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5. 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.

6. The first 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.

7.With the above said direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ebsi To

1. The Commissioner of Police, Chennai - 7.

2. The Inspector of Police, R7, K.K.Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Jeramaiah , Advocate SR.No. 8527 Crl.O.P. No.1871 of 2020 rk A.SK(05/03/2020) https://hcservices.ecourts.gov.in/hcservices/