T.Irudayaraj v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8202 of 2025 T.Irudayaraj ... Petitioner

Versus

State by:

The Inspector of Police, Tambaram Police Station, Chennai - 600 045.

(Crime No. 584/2012) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the closure report dated 06.12.2024 in C.No.7975019/CM-CELL/2-024 and consequently issue a direction to conduct further investigation in Crime No.584 of 2012 on the file of the respondent in the interest of justice. For Petitioner : Mr. V.K. Sathiamurthy For Respondent : Mr. A. Gopinath, Government Advocate (Criminal Side)

O R D E R

This petition has been filed challenging the closure report dated 06.12.2024 in C.No.7975019/CM-Cell/2024 and consequently, issuing a direction to the respondent to conduct further investigation in Crime No.584 of 2012, pending on the file of the respondent.

2. The petitioner is the defacto complainant. Based on the complaint lodged by the petitioner, the respondent police registered a case in Crime No.584 of 2012 for the offence under Section 379 of the Indian Penal Code,(IPC), 1860. After a detailed enquiry, the said complaint was closed.

3. Learned Government Advocate (Criminal side) appearing for the respondent Police submitted that it is a case of theft of jewels. Upon receipt of the said complaint, the Investigating Officer identified the accused, and thereafter the complaint was closed.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. Upon perusal of the records, it is seen that the complaint was investigated and closed. Since there is an alternative remedy available to the petitioner by way of filing a private complaint before the concerned jurisdicational Magistrate Court, no purpose would be served by setting aside the closure report dated 06.12.2024 by this Court. Therefore, this Court finds no legality in quashing the closure report.

5. Accordingly, the Criminal Original Petition is dismissed. However, the petitioner is at liberty to file a private complaint before the appropriate Court in a manner known to law.

20.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt To 1.The Inspector of Police, Tambaram Police Station, Chennai - 600 045.

2.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

klt Crl.O.P.No.8202 of 2025 20.03.2025