Madras High CourtCRL OP/4086/2020closed

K.A.Hajee Liyagath Ali v. The State Rep By

2020-02-25Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.4086 of 2020 K.A. Hajee Liyagath Ali .. Petitioner -vsThe State Rep. by The Inspector of Police, Foreshore Estate Police Station. .... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to take further action on the complaint dated 04.02.2020 made by the petitioner.

For Petitioner : Mr. S.Sathish Rajan For Respondent : Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police to take further action on the complaint dated 04.02.2020 made by the petitioner.

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

3. The learned Additional Public Prosecutor has submitted that after receipt of the petitioner's complaint dated 04.02.2020, preliminary enquiry was conducted and the same was closed on 19.02.2020.

4. The learned counsel for the petitioner has submitted that the petitioner has not received any intimation with regard to closure of the petitioner's complaint.

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5. 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.

6. Considering the aforesaid submissions of the learned Additional Public Prosecutor this petition is closed. The respondent is directed to send an intimation about the closure of the petitioner's complaint by RPAD within seven 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ebsi To 1.The Inspector of Police, Foreshore Estate Police Station.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4086 of 2020 svl(co) aa14/05/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/