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Madras High CourtCRL OP/4048/2020closed

K.Navusath Ali v. State Repby

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.4048 of 2020 K.Navusath Ali

...Petitioner

-VsState Rep. by

1. The Commissioner of Police, The Greater Chennai City, Police Department, Chennai.

2. The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai - 107.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents police to take further action based on the complaint dated 02.12.2019 in accordance with law.

For Petitioner : No appearance For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents police to take further action based on the complaint dated 02.12.2019.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.No.266 of 2019 was closed on 07.02.2020 itself.

3. When the matter is called, there is no representation for the petitioner.

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 1/2 https://hcservices.ecourts.gov.in/hcservices/

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 second 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. Sd/- Assistant Registrar(C.S.II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, The Greater Chennai City, Police Department, Chennai.

2. The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai - 107.

3.The Public Prosecutor, High Court, Madras.

AKM/09.03.2020/2P-4C / Crl.O.P.No.4048 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/