Madras High CourtCRL OP/23790/2010closed

S.Sivanesan v. The Commissioner Of Police

2017-08-28Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP No.23790 of 2010 & M.P.Nos.1 and 2 of 2010 E.Sivanesan ..Petitioner Vs 1.The Commissioner of Police (Rural), St. Thomas Mount, Chennai-600 016.

2.The Deputy Commissioner of Police (Rural), St. Thomas Mount, Chennai-600 016.

3.The Commissioner of Police, Egmore, CBCID, Egmore, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the report in C.No.824/COP/DC-STM/2009 dated 17.09.2010 from the file of the second respondent herein / Deputy Commissioner of Police (Rural), St., Thomas Mount, Chennai and quash the same. For Petitioner : Mr.S.Mohanasundararajan For Respondent : Mr.R.Sekar Government Advocate

O R D E R

This petition has been filed to call for the report in C.No.824/COP/DC-STM/2009 dated 17.09.2010 from the file of the second respondent herein / Deputy Commissioner of Police (Rural), St., Thomas Mount, Chennai and quash the same.

2. Heard Mr.S.Gomathinayagam, learned Senior Counsel, representing S.Mohanasundararajan, learned counsel appearing for the petitioner and Mr.R.Sekar, learned Government Advocate (Criminal Side) appearing for the respondents.

3. This Court in Crl.O.P.No.4287 of 2010, dated 16.04.2010, directed the first respondent to nominate an Enquiry Officer not below the rank of Superintendent of Police and conduct an enquiry and proceed with the case in accordance with law.

4. As per the directions of this Court, the second respondent, who is in the rank of Superintendent of Police conducted enquiry and filed the closure report, which is now sought to be quashed. Since the report was filed based on the direction issued by this Court, if the petitioner is aggrieved over the report, he can very well file protest petition before the concerned Judicial Magistrate or file a private complaint for redressal of his grievance.

5. In such view of the matter, this Criminal Original Petition is

closed with liberty to the petitioner to take action as per law. Consequently, connected miscellaneous petitions are closed. 28.08.2017 Index : Yes/ No.

Internet :Yes /No.

r n s To 1.The Commissioner of Police (Rural), St. Thomas Mount, Chennai-600 016.

2.The Deputy Commissioner of Police (Rural), St. Thomas Mount, Chennai-600 016.

3.The Commissioner of Police, Egmore, CBCID, Egmore, Chennai.

K.KALYANASUNDARAM, J.

r n s Crl.OP No.23790 of 2010 & M.P.Nos.1 and 2 of 2010 28.08.2017