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Madras High CourtCRL OP/506/2023closed

P.Venkatachalam v. The State Rpe By The Inspector Of Police

2023-01-10Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.506 of 2023 P.Venkatachalam ... Petitioner Vs.

The State represented by, The Inspector of Police, Omalur Police Station, Omalur, Salem District.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the FIR based on the complaint of the petitioner dated 19.10.2020 in CSR No.457 of 2020 and to file a final report within a stipulated time.

For Petitioner : Mr.N.Anand For Respondents : Mr.S.Santhosh, Government Advocate (crl.side)

ORDER

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This Criminal Original Petition has been filed to direct the respondent police to register the case, based on the complaint of the petitioner dated 19.10.2020 and to file the final report.

2. The learned counsel for the petitioner submitted that the petitioner's son one Tamizhagan, in an inebriated condition, had assaulted the petitioner, who is a senior citizen and abused him using filthy language. Further, he made a life threat to the petitioner. Therefore, the petitioner lodged a complaint before the respondent on 19.10.2020. However, till date, no FIR has been registered. Hence, the present petition has been filed.

3. The learned Government Advocate (crl.side) appearing for the respondent submitted that on the basis of the complaint given by the petitioner, enquiry has been conducted in CSR No.457 of 2020. During the course of enquiry, the petitioner and his son agreed to resolved their dispute and on the undertaking given by both of them, further action was dropped by the respondent.

4. In the light of the submissions made by the learned Government 2/4

Advocate (Crl.side) that the enquiry was properly conducted and further action was dropped on the undertaking given by the petitioner and his son, this Court is of the view that the prayer sought by the petitioner to register the case cannot be entertained. It is open to the petitioner to workout his remedy in the manner known to law against the closure report.

5. Accordingly, this Criminal Original Petition stands dismissed. 10.01.2023 shk To 1.The Inspector of Police, Omalur Police Station, Omalur, Salem District.

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

shk Crl.O.P.No.506 of 2023 10.01.2023 4/4