Jagadesan v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM Crl.O.P.No.34464 of 2019 Jagadesan ... Petitioner

Versus

1. The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, St.Thomas Mount, Chennai-600 016.

2. The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Saliyur, Chennai -600 073.

3. The Inspector of Police, S-14, Police Station, Peerkankaranai, Perungalathur, Chennai -600 063.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the second and third respondent police to conduct further investigation based on the complaint given by the petitioner dated 29.11.2019. For Petitioner :

Mr.B.Sridhar For Respondents :

Mr.C.Raghvan Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second and third respondent police to conduct further investigation based on the complaint given by the petitioner dated 29.11.2019.

2. The learned Government Advocate (Crl.Side) has submitted that after preliminary enquiry, the petitioner's complaint vide C.S.R.No.892 of 2019 was closed on 21.12.2019 itself.

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

4. In G.Prabakaran Vs. The Superintendent of Police, Thanjavur in (Crl.O.P.(MD)No.13681 of 2018 batch) a Division https://hcservices.ecourts.gov.in/hcservices/

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.

5. The second respondent is directed to send intimation to the petitioner with regard to the closure of the complaint 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.

6. With the aforesaid directions, this Criminal Original Petition is disposed of.

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

1. The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, St.Thomas Mount, Chennai-600 016.

2. The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Saliyur, Chennai -600 073.

3. The Inspector of Police, S-14, Police Station, Peerkankaranai, Perungalathur, Chennai -600 063.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Sridhar, Advocate, SR.No.319.

Crl.O.P.No.34464 of 2019 NMI(CO) CSR: 19.02.2020 https://hcservices.ecourts.gov.in/hcservices/