Madras High CourtCRL OP/2181/2020closed

P.Ramesh Babu v. The State Rep By

2020-02-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.NO.2181 OF 2020 P.Ramesh Babu ... Petitioner -VsThe State Rep.by The Inspector of Police, Sevapet Police Station, Thiruvallur District.

... Respondent Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent to take further necessary action on the petitioner's complaint dated 13.01.2020. For Petitioner : Mr.M.Aswin For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to take further necessary action on the petitioner's complaint dated 13.01.2020.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.99 of 2020 was closed on 12.02.2020 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 https://hcservices.ecourts.gov.in/hcservices/

(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 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(CCC) //True Copy// Sub Assistant Registrar mfa To

1. The Inspector of Police, Sevapet Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2181 of 2020 KK(CO) CS/22/05/2020 https://hcservices.ecourts.gov.in/hcservices/