Madras High CourtCRL OP/3326/2020closed

M.V.Mohan v. The State Rep.By

2020-02-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3326 of 2020 M.V.Mohan ....Petitioner Vs.

1. The State Rep. by The Inspector of Police, Ponneri Police Station, Ponneri.

2. The Superintendent of Police, Office of Superintendent of Police of Tiruvallur, Tiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent to investigate and take further action on the basis of the complaint given by the Petitioner on 15.08.2019 and 20.08.2019 and to enquire the same in accordance with law. For Petitioner : Mr.T.K.S.Bharathy Anandraj For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the Respondent to investigate and take further action on the basis of the complaint given by the Petitioner on 15.08.2019 and 20.08.2019 and to enquire the same in accordance with law.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry has been completed and closed on 17.12.2019.

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.

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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. Hence, this petition is closed. The first 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.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Ponneri Police Station, Ponneri.

2. The Superintendent of Police, Office of Superintendent of Police of Tiruvallur, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.T.K.S.Bharathy Anandraj, Advocate Sr.13124 CRL.O.P.No.3326 of 2020 sv[coi] srg 17/04/2020 https://hcservices.ecourts.gov.in/hcservices/