Madras High CourtCRL OP/33709/2019dismissed

Mahant Swamy Devi Doss v. The Superintendent Of Police

2020-01-13Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.01.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.33709 of 2019 Mahant Swamy Devi Dass ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram - 631 502.

2.The Inspector of Police, Sivakanchi Police Station, Kancheepuram District - 631 502. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the 1st respondent to take immediate further action on the complaint dated 06.12.2019 acknowledged under Serial No.2097 of 2019 by the office of 1st respondent in accordance with law.

For Petitioner : Mr.S.Ashok Kumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to take immediate action on the complaint dated 06.12.2019 acknowledged under Serial No.2097 of 2019 by the office of 1st respondent in accordance with law.

2. The learned Additional Public Prosecutor has submitted that after enquiry the petitioner's complaint was closed on 12.01.2020. Hence this petition has become infructuous.

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

Cr.P.C., as the remedy lies elsewhere. Hence, this petition is dismissed. It is open to the petitioner to avail any other remedy which is available under the law.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar drl To 1.The Superintendent of Police, Kancheepuram - 631 502.

2.The Inspector of Police, Sivakanchi Police Station, Kancheepuram District - 631 502.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Kempraj, Advocate SR.No.3088 +1cc to Mr.A.Thiyagarajan Advocate SR.No.7250(30/01/2020) Crl.O.P.No.33709 of 2019 BS(CO) GMY(28/01/2020) https://hcservices.ecourts.gov.in/hcservices/