R.Chittarthan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.NO.1807 OF 2020 R.Chittarthan ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai Police, No.132, E.V.K. Sampath Salai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Anna Nagar, Chennai - 600 040.

3. The Inspector of Police, V-4, Rajamangalam Police Station, Chennai - 600 099.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first to third respondents to take necessary further action based on the complaint dated 03.01.2020 and to investigate the case. For Petitioner : M/s.V.Logeswaren For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first to third respondents to take necessary further action based on the complaint dated 03.01.2020 and to investigate the case.

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 receipt of the petitioner's complaint dated https://hcservices.ecourts.gov.in/hcservices/

03.01.2020, preliminary enquiry was conducted and the same was closed on 02.02.2020.

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.

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. Hence, the third respondent is directed to send intimation to the petitioner with regard to the closure of the petitioner's complaint 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 V) //True Copy// Sub Assistant Registrar ebsi To

1. The Commissioner of Police, Greater Chennai Police, No.132, E.V.K. Sampath Salai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Anna Nagar, Chennai - 600 040.

3. The Inspector of Police, V-4, Rajamangalam Police Station, Chennai - 600 099.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1807 of 2020 KK(CO) CS/13/03/2020 https://hcservices.ecourts.gov.in/hcservices/