Madras High CourtCRL OP/2716/2020closed

C.Prabu v. The Inspector Of Police

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.2716 of 2020 C.Prabu

...Petitioner/Complainant

-VsThe Inspector of Police, Nandampakkam Police Station, Chennai.

...Respondent/Respondent

Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to take further action against Mrs.Latha, wife of Sanjeev based on the petitioner's complaint dated 10.06.2019.

For Petitioner : Mr.B.Manimaran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to take further action against Mrs.Latha, wife of Sanjeev based on the petitioner's complaint dated 10.06.2019.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.175 of 2019 was closed on 14.02.2020 and copy of the same also sent to the petitioner on 14.02.2020 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.

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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 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 //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Nandampakkam Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2716 of 2020 SVI(CO) RN(18/05/2020) https://hcservices.ecourts.gov.in/hcservices/