Madras High CourtCRL OP/20773/2019disposed of

M.Selvam v. The Superintendent Of Police

2019-08-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20773 of 2019 M.Selvam ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram, Kancheepuram District - 600 130.

2.The Inspector of Police, E-9, Thazhambur Police Station, O.M.R.Road, Kancheepuram District - 600 130.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of C.S.R.No.160/2019, dated 02.03.2019, on the file of E-9, Thazhambur Police Station, O.M.R. Road, Kancheepuram District and to set aside the closer report in C.S.R.No.160/2019 dated 03.03.2019 filed by the Second Respondent and to direct the Second Respondent to conduct the fresh enquiry in the Complaint, dated 02.03.2019, lodged by the Petitioner.

For Petitioner : Mr.B.L.Jayakandan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed aggrieved by the closure of the complaint given by the respondent police. 2.The grievance of the petitioner is that the petitioner is not even enquired and without enquiry, the complaint has been closed as action dropped by the respondent police. Except for a print out taken from the portal, even the action dropped report has not been filed before this Court. Therefore, this Court is not in a position to ascertain the reason as to why the action was dropped.

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

3.Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

4.Taking into consideration the facts and circumstances of the case, the petitioner is given liberty to file a complaint before the concerned Magistrate Court under Section 156(3) of Cr.P.C. and workout his remedy in accordance with law. 5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar jas/vs To 1.The Superintendent of Police, Kancheepuram, Kancheepuram District - 600 130.

2.The Inspector of Police, E-9, Thazhambur Police Station, O.M.R.Road, Kancheepuram District - 600 130.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.L.Jayakandan, Advocate SR.No.66790 Crl.O.P.No.20773 of 2019 SPD(CO) GMY(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/