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Madras High CourtCRL OP/3329/2020closed

A.Devaneethi v. The Assistant Commissioner Of Police

2020-02-25Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3329 of 2020 A.Devaneethi ....Petitioner Vs.

1.The Assistant Commissioner of Police K-4, Anna Nagar Police Station Chennai.

2.The Inspector of Police V-7, Nolambur Police Staion Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents police to conduct further enquiry on the basis of the petitioner's complaint dated 22.01.2020 and in time bound manner. For Petitioner : Mr.R.Karunagaran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents police to conduct further enquiry on the basis of the petitioner's complaint dated 22.01.2020 and in time bound manner.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.100 of 2020 was closed on 22.02.2020 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 complaint.

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 second respondent is directed to send intimation by RPAD to the petitioner with regard to the closure of the complaint 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(J) // True Copy// Sub Assistant Registrar dna To 1.The Assistant Commissioner of Police K-4, Anna Nagar Police Station Chennai.

2.The Inspector of Police V-7, Nolambur Police Staion Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Karunagaran , Advocate, SR.No.16507. CRL.O.P.No.3329 of 2020 CSR: 11.03.2020 https://hcservices.ecourts.gov.in/hcservices/