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Madras High CourtCRL OP/34533/2019dismissed

Sachin Raj Desai v. State Of Tamil Nadu

2020-01-03Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM Crl.O.P.No.34533 of 2019 Sachin Raj Desai : Petitioner/De-facto Complainant

Versus

State of Tamil Nadu Rep.by the Sub-Inspector of Police, Cyber Crime Cell Central Crime Branch Vepery, Chennai-600 007. : Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent herein to take action on the petitioner's complaint dated 18.09.2019, investigate into matter in accordance with law. For Petitioner :

Mr.R.Palaniandavan For Respondent :

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

ORDER

This petition has been filed to direct the respondent herein to take action on the petitioner's complaint dated 18.09.2019, investigate into matter in accordance with law.

2. The learned Government Advocate (Crl.Side) has submitted that after preliminary enquiry, the petitioner's complaint was closed on 04.10.2019 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 report.

4. 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 Cr.P.C., as the remedy lies elsewhere.

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

5. Hence, this petition is dismissed. The respondent is directed to send intimation to the petitioner with regard to the closure of the report 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.

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

1. The Sub-Inspector of Police, Cyber Crime Cell Central Crime Branch Vepery, Chennai-600 007.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Palaniandavan, Advocate, SR.No.608. Crl.O.P.No.34533 of 2019 NMI(CO) CSR: 13.02.2020 https://hcservices.ecourts.gov.in/hcservices/