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Madras High CourtCRL OP/3413/2020closed

Radhakrishna Vittaldev v. State By

2020-02-24Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.3413 of 2020 Radhakrishna Vittaldev

...Petitioner

-VsState by The Inspector of Police, K8, Arumbakkam Police Station,Chennai.

... Respondent Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent to investigate the complaint dated 17.09.2019 in C.S.R.No.308 of 2019 on the file of the respondent and file a report and within the time frame.

For Petitioner : Mr.G.Surya Narayanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to investigate the complaint dated 17.09.2019 in C.S.R.No.308 of 2019 on the file of the respondent and file a report and within the time frame.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.No.308 of 2019 was closed on 20.12.2020 itself.

3. The learned counsel for the petitioner has submitted that already the petitioner herein has filed O.P.No.204 of 2019 before this Court seeking custody of the minor children in which the petitioner's wife has filed a counter stating that she has not taken any amount of the minor children from the ATM and only based on the said counter statement, the petitioner has lodged a complaint before the respondent to investigate the matter as to who has taken the amount of the minor children from the ATM. He further submitted that without conducting proper enquiry, the respondent has closed the said https://hcservices.ecourts.gov.in/hcservices/

complaint and further no intimation has been sent to the petitioner with regard to the closure of the complaint.

4. Considering the submissions made by the learned Additional Public Prosecutor that already enquiry has been conducted on the petitioner's complaint and the same was closed on 20.12.2019, this Criminal Original Petition is closed. The respondent is directed to send intimation with regard to the closure of the petitioner's complaint by RPAD to the petitioner within a week from the date of receipt of copy of this order. It is open to the petitioner to avail any other remedy which is available under law.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mfa To 1.The Inspector of Police, K8, Arumbakkam Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Surya Narayanan , Advocate SR.No. 1532 Crl.O.P.No.3413 of 2020 A.SK(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/