Thangaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.3164 of 2020 Thangaraj

...Petitioner

-Vs1. State rep. by The Superintendent of Police, Perambalur District, Perambalur.

2. The Additional Superintendent of Police, Perambalur District, Perambalur.

3. The Inspector of Police, Mangalmedu Police Station, Perambalur District.

4. The Sub-Inspector of Police, Kaikalathur Police Station, Perambalur District.

... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to take further action against the accused persons based on the petitioner's complaint dated 29.01.2020.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor 1/3

ORDER

This Criminal Original Petition has been filed to direct the first respondent to take further action against the accused persons based on the petitioner's complaint dated 29.01.2020.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.No.13 of 2020 was closed on 12.02.2020 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.

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. l Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar mfa To

1. The Superintendent of Police, Perambalur District, Perambalur.

2. The Additional Superintendent of Police, Perambalur District, Perambalur.

2/3

3. The Inspector of Police, Mangalmedu Police Station, Perambalur District.

4. The Sub-Inspector of Police, Kaikalathur Police Station, Perambalur District.

5.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Gandhi kumar Advocate sr16045 Crl.O.P.No.3164 of 2020 aa09/03/2020 3/3