Madras High CourtCRL OP(MD)/12296/2021disposed of

N.Stephen Simon v. The Superintendent Of Police

2021-10-08Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.12296 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.12296 of 2021 N.Stephen Simon ... Petitioner vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.Yesudas 4.Stanley ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and set aside the order in Crl.MP.No.3690 of 2019, dated 19.04.2021 and consequently direct the second respondent to register a complaint against the respondents 3 & 4, based on the petitioner's representation, dated 25.06.2021, within the period specified by this Court.

For Petitioner : Mr.Ananth C.Rajesh For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This petition is filed seeking quashment of the order in the order in Crl.MP.No.3690 of 2019, dated 19.04.2021 and consequently direct the second respondent to register a complaint against the respondents 3 & 4, based on the petitioner's representation, dated 25.06.2021.

2.When the matter was taken up for hearing on 01.09.2021, the learned Additional Public Prosecutor has submitted that based upon the order, passed by the concerned Magistrate, in Crl.MP.No.3690 of 2019, dated 19.04.2021, enquiry was undertaken and during the course of enquiry, it was found that there was no substance in the complaint and so, the parties were directed by the Enquiry Officer to approach the competent authorities for redressing their grievance. On that ground, it was closed on 19.07.2021 and a copy of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.12296 of 2021 the Closure Report has also been circulated.

3.When the matter is taken up for hearing the learned counsel for the petitioner would submit that with an intention to save the accused person, the complaint has been closed. 4.But, however, since the complaint has been closed, nothing survives for further consideration or direction in this petition. The petitioner may work out his remedy by filing proper petition before the concerned Court challenging the Closure Report. 5.With the above said liberty, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

Crl.OP(MD)No.12296 of 2021 08.10.2021 NSN(CO) KB(01.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2