P.Kanakasabai v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27290 of 2015 P.Kanakasabai ... Petitioner Vs State by:

1. The Commissioner of Police, Greater Chennai, Veppery, Chennai-7.

2. The Inspector of Police, Central Crime Branch, E.D.F.-I, Team-II, Veppery, Chennai-7.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register the complaint dated 1.7.2015 and investigate and direct to file final report as is envisaged under code of criminal procedure. For Petitioner : Mr.P.Kumaresan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to register the complaint dated 1.7.2015 given by the petitioner and investigate the same and file a final report.

2. It is the case of the petitioner that he has lodged a complaint before the respondent police as against one Umar, Kuberan and Rajendra Prasad on the allegation of cheating and extortion. Though the said complaint was lodged on 1.7.2015, till date, no action was taken on the said complaint. Hence, the present petition.

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3. Learned Additional Public Prosecutor submitted that on the complaint dated 1.7.2015 given by the petitioner, an enquiry was conducted and the same was closed as civil in nature.

4. But, the learned counsel appearing for the petitioner has submitted that without properly conducting enquiry, the respondent police has closed the complaint.

5. However, since the complaint lodged by the petitioner was already closed, this Court cannot give a direction to the respondent police to enquire into the matter. Hence, the present criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy by filing a complaint under Section 156(3) Cr.P.C. before the learned Magistrate concerned, if he is so advised.es/No sbi s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Greater Chennai, Veppery, Chennai-7.

2. The Inspector of Police, Central Crime Branch, E.D.F.-I, Team-II, Veppery, Chennai-7.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Kumaresan, Advocate SR 20407 sv(co) prk30/11 Crl.O.P.No.27290 of 2015 https://hcservices.ecourts.gov.in/hcservices/