Madras High CourtCRL OP/31317/2019dismissed

Sujatha Jayaraman v. State Of Tamil Nadu

2019-12-16Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.31317 of 2019 Sujatha Jayaraman ... Petitioner Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, E-4, Abiramapuram Police Station, Raja Annamalaipuram, Chennai - 28.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent to take further action on the basis of the complaint of the petitioner dated 08.10.2019 which was duly acknowledged vide CSR No.568 of 2019 on 08.10.2019 by the respondent.

For Petitioner : Mr.M.Kempraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Respondent to take further action on the basis of the complaint of the petitioner dated 08.10.2019 which was duly acknowledged vide CSR No.568 of 2019.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police.

3. The learned Additional Public Prosecutor has submitted that an enquiry was conducted on the said complaint and the same was closed on 30.10.2019.

4. The learned counsel for the petitioner has submitted that the respondent has not conducted any enquiry and further so https://hcservices.ecourts.gov.in/hcservices/

far, petitioner has not received any intimation with regard to the closure of her complaint.

5. As per the decision of the Division Bench of this Court in G.Prabhakaran Vs The Superintendent of Police (Thanjavur) in Crl.O.P (MD) No.13618 of 2018 dated 20.09.2018, once complaint is closed by the SHO, the informant cannot invoke Section 482 of Cr.P.C as the remedy lies elsewhere. Hence, this petition is dismissed. However, the respondent is directed to serve intimation with regard to the closure of the complaint to the petitioner within a week from the date of receipt of a copy of this order by RPAD. It is open to the petitioner to avail any other remedy which is available under law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi To

1. The Inspector of Police, E-4, Abiramapuram Police Station, Raja Annamalaipuram, Chennai - 28.

2. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.M.Kempraj, Advocate SR.105220 CRL.O.P.No.31317 of 2019 BR(CO) CB(22/01/2020) https://hcservices.ecourts.gov.in/hcservices/