Madras High CourtCRL OP/29884/2019closed

P.Mariyappa v. The State Rep By

2020-10-06Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.29884 of 2019 P.Mariyappa ... Petitioner Vs.

The State Rep by The Inspector of Police, Kattumannar Koil Police Station, Kattumannar Koil, Cuddalore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to take further action on the complaint of the petitioner dated 23.09.2019, investigate the same and to file final report. For Petitioner : Mr.Saravana Munusamy for Mr.G.Pugazhenthi For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the respondent police to take further action on the complaint of the petitioner dated 23.09.2019.

2. Heard Mr.Saravana Munusamy, learned counsel representing Mr.G.Pugazhenthi learned counsel for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondent.

3. Today when the petition came up for hearing, learned Additional Public Prosecutor appearing for the respondent on instructions would submit that in respect of the complaint given by the petitioner dated 23.09.2019, the respondents police conducted an enquiry in CSR No.542/2019 and the same has been closed on 26.11.2019. According to him, as of now, no https://hcservices.ecourts.gov.in/hcservices/

representation given by the petitioner is pending on the file of the respondent police.

4. In this regard, the law is well settled by the Hon'ble Apex Court reported in 2020 SCC Online SC 341 in the case of M.Subramaniam and vs. S.Janaki dated 20.06.2020 that after closing the enquiry by the police officer, the only option available to the complainant is to approach the jurisdiction Magistrate and file a complaint under section 156(3) Cr.P.C. and therefore, in the said circumstances, this Court is not inclined to pass further orders in this matter.

5. Accordingly, this Criminal Original petition is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Kattumannar Koil Police Station, Kattumannar Koil, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29884 of 2019 rp[co] srg 02/11/2020 https://hcservices.ecourts.gov.in/hcservices/