Madras High CourtCRL OP(MD)/4632/2023disposed of

Rakesh v. The Superintendent Of Police

2023-03-13Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Rakesh

...Petitioner

Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inpector of Police, District Crime Branch, Thoothukudi District.

3.The Sub-Inspector of Police, District Crime Branch, Thoothukudi District.

... Respondents/Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the report of the 3rd respondent dated 27.08.2022 prepared on the basis of the petitioner's complaint 12.05.2021 and consequently direct the 1st respondent to invoke his powers under section 154 of Cr.P.C for proceedings further on the basis of the said complaint.

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For Petitioner : Mr.Anand.R For Respondents : Mr.B.Nambiselvan, Additional Public Prosecutor

ORDER

This petition is filed to set aside the report of the 3rd respondent dated 27.08.2022 prepared on the basis of the petitioner's complaint 12.05.2021 and consequently direct the 1st respondent to invoke his powers under section 154 of Cr.P.C for proceedings further on the basis of the said complaint.

2. The learned counsel for the petitioner submitted that based upon the unregistered sale agreement, the petitioner has given a complaint to the second respondent herein by making some allegations against the private parties. Thereafter, no progress has been made in the enquiry process. Therefore, the petitioner has filed a writ petition before this Court in W.P(MD).No.22039 of 2022, at the time of hearing the writ petition, the learned Additional Public Prosecutor submitted that complaint given by the petitioner was enquired and closed by the respondent police. Based on the submission of the learned Additional Public Prosecutor, this Court disposed of the Writ Petition on 14.11.2022.

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3. This Court is not in a position to understand the grievances expressed by the petitioner herein, since the petitioner's complaint already enquired and closed by the respondent herein.

4. After getting the closure report from the concerned respondent police, the petitioner has to proceed in accordance with law either by approaching the first respondent or by way of filing appropriate petition or complaint before the concerned Magistrate Court. Without approaching the first respondent or concerned Magistrate Court, the petitioner has filed this petition to set aside above said closure report.

5. This Court does not find any merits in this petition. Accordingly, this Criminal Original petition is dismissed and the petitioner may pursue his grievance through the competent authority in accordance with law. Not being influenced any of the observation made by the Investigating Officer in the closure report. 13.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No 3/5

To 1.The Superintendent of Police, Thoothukudi District.

2.The Inpector of Police, District Crime Branch, Thoothukudi District.

3.The Sub-Inspector of Police, District Crime Branch, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.4632 of 2023 Dated : 13.03.2023 5/5