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Madras High CourtCRL OP/31921/2019dismissed

H.Radhakrishnan v. The Sub Inspector Of Police

2019-12-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.31921 of 2019 H.Radhakrishnan

...Petitioner

-Vs1.The Sub Inspector of Police Opper Coonoor Police Station Coonoor Taluk, Nilgiris District.

2.S.Nanthakumar ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent herein to take further action on the petitioner's complaint dated 02.08.2019 as acknowledged in C.S.R.No.53 of 2019 in accordance with law to protect the life and property of the petitioner.

For Petitioner : Mr.V.Ravi For Respondent : Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor

ORDER

This petition has been filed to direct the first respondent herein to take further action on the petitioner's complaint dated 02.08.2019 as acknowledged in C.S.R.No.53 of 2019 in accordance with law to protect the life and property of the petitioner.

2. The learned Additional Public Prosecutor has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.53 of 2019 was closed on 03.08.2019 itself.

3. The learned counsel for the petitioner has submitted that sofar the petitioner has not received any intimation with regard to the closure of the report.

4. 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.

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

5. Hence, this petition is dismissed. The first respondent is directed to send intimation to the petitioner with regard to the closure of the report within 7 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.The Sub Inspector of Police Opper Coonoor Police Station Coonoor Taluk, Nilgiris District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Ravi, Advocate SR.105186 Crl.O.P.No.31921 of 2019 CA(CO) CB(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/