Madras High CourtCRL OP/2210/2020closed

Parvesh Ahmmed v. State Rep. By

2020-02-04Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.2210 of 2020 Parvesh Ahmmed ... Petitioner Vs.

State by Inspector of Police, Ambur Town Police Station, Ambur, Vellore District. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondent to take further action on the complaint lodged by the petitioner dated 23.09.2019 before the respondent and investigate the same according to law. For Petitioner : Mr.C.V.Kumar For Respondent : M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to take further action on the complaint lodged by the petitioner dated 23.09.2019 before the respondent and investigate the same according to law.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.583 of 2019 was closed on 07.01.2020 itself.

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.

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), once a complaint is closed by the SHO, the informant cannot invoke Section 482 of Cr.P.C., as the remedy lies elsewhere. Hence, this criminal original petition is closed. The respondent is directed to serve the closure report to the petitioner by RPAD within a https://hcservices.ecourts.gov.in/hcservices/

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(J) //True copy// Sub Assistant Registrar Vv To

1. Inspector of Police, Ambur Town Police Station, Ambur, Vellore District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Vigneswaran, Advocate SR.No.8369 Crl.O.P.No.2210 of 2020 GMY(22/05/2020) https://hcservices.ecourts.gov.in/hcservices/