Madras High CourtCRL OP/2878/2020disposed of

A.S.Kavitha v. The Commissioner Of Police

2020-02-11Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM Crl.O.P.No.2878 of 2020 A.S.Kavitha ... Petitioner

Versus

1.The Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Guindy Police Station, Chennai - 32.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the second respondent to take further action on the petition given by the complainant dated 17.05.2019 in C.S.R.No.393 of 2019 dated 18.05.2019. For Petitioner :

Mr.K.Venkatesan For Respondents :

Mr.M.Mohamed Riyaz Additional Public Prosecutor * * * * *

O R D E R

This petition has been filed to direct the second respondent to take further action on the petition given by the complainant dated 17.05.2019 in C.S.R.No.393 of 2019 dated 18.05.2019. 2.The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.393 of 2019 was closed on 13.10.2019 itself. 3.The learned counsel for the petitioner has submitted that https://hcservices.ecourts.gov.in/hcservices/

so far 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.

5.The second 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.

6.With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi/ah To 1.The Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Guindy Police Station, Chennai - 32.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr. K. Venkatesan, Advocate sr 11623 Crl.O.P.No.2878 of 2020 SSD(CO) AT (20/05/2020) https://hcservices.ecourts.gov.in/hcservices/