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Madras High CourtCRL OP/2981/2020closed

K.Nagarajan v. Inspector Of Police

2020-02-21Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.2981 of 2020 K.Nagarajan ....Petitioner Vs.

The Inspector of Police Karamadai Police Station.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to take further action on the petitioner's complaint dated 04.01.2020 and vide CSR.No.14/2020 dated 07.01.2020 and pass such order, enquire the case in accordance with law.

For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to take further action on the petitioner's complaint dated 04.01.2020 and vide CSR.No.14/2020 dated 07.01.2020 and pass such order, enquire the case in accordance with law.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.14 of 2020 was closed on 19.02.2020 itself.

3. The learned counsel for the petitioner has submitted that sofar the petitioner has not received any intimation with regard to the closure of the report.

4. 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.

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5. Hence, this petition is closed. The 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar dna To 1.The Inspector of Police Karamadai Police Station.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.D.Sugumar Advocate sr15264 CRL.O.P.No.2981 of 2020 mp(co) aa16/04/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/