Madras High CourtCRL OP/3396/2020closed

B.Vijaychander v. The State Rep By

2020-02-20Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3396 of 2020 B.Vijaychander ....Petitioner Vs.

The State Rep.by the The Inspector of Police K-1, Sembium Police Station Perambur, Chennai 600 011.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction against the respondent i.e., The Inspector of Police,(Crime) K1 Sembium Police Station, Chennai 600 011 to take further action on the complaint of the petitioner dated 19.11.2019 and the same is pending in C.S.No.1619 of 2019 on the file of the respondent and deal with the person referred in the complaint in accordance with law.

For Petitioner : Mr.K.Balakrishnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to issue direction against the respondent i.e., The Inspector of Police,(Crime) K1 Sembium Police Station, Chennai 600 011 to take further action on the complaint of the petitioner dated 19.11.2019 and the same is pending in C.S.No.1619 of 2019 on the file of the respondent and deal with the person referred in the complaint in accordance with law.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.1619 of 2019 was closed on 18.02.2020.

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.

https://hcservices.ecourts.gov.in/hcservices/

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 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-IX) //True copy// Sub Assistant Registrar dna To

1. The Inspector of Police K-1, Sembium Police Station Perambur, Chennai 600 011.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balakrishnan, Advocate SR.No.14706 CRL.O.P.No.3396 of 2020 GP(CO) GMY(10/06/2020) https://hcservices.ecourts.gov.in/hcservices/