Madras High CourtCRL OP/11653/2016closed

K.Chitrakala v. State By

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.11653 of 2016 K.Chitrakala ..Petitioner Vs State By 1.The Superintendent of Police Erode District, Erode.

2.The Inspector of Police District Crime Branch Erode, Erode District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue direction to the respondent to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 26.04.2016.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 26.04.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petitioner had lodged a complaint dated 24.11.2015, in which petition enquiry was conducted and closed on 24.01.2016. Thereafter, this petitioner has given a second complaint dated 26.04.2016 alleging that after the Closure Report of the earlier complaint, the respondent police have sent a requisition to the Tahsildar for certain details and therefore, the closure of the complaint peremptorily is illegal.

4. Today when the matter was taken up for hearing, learned Additional Public Prosecutor produced the communication to the Tahsildar, which has been received by the Office of the Tahsildar on 28.12.2015, as could be seen from https://hcservices.ecourts.gov.in/hcservices/

the date seal on the communication. The communication has been signed by the Inspector of Police on 28.12.2015, but he has given the date as 31.10.2015. Only thereafter, petition enquiry was closed on 24.01.2016. The subsequent complaint dated 26.04.2016 given by the petitioner has also been closed on 02.05.2016. A copy of the Closure Report has been furnished to the learned counsel for the petitioner across the Bar. Hence, no positive direction can be issued to the respondent police to register an FIR. Accordingly, this petition is closed.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar gms To 1.The Superintendent of Police,Erode District, Erode. 2.The Inspector of Police,District Crime Branch,Erode, Erode District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C. Prakasam, Advocate Sr.35918 Crl.OP No.11653 of 2016 RSY(CO) Eu 23.7.16 https://hcservices.ecourts.gov.in/hcservices/