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Madras High CourtCRL OP(MD)/14512/2019dismissed

D. Rajamanickam v. The Superintendent Of Police

2019-10-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14512 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.14512 of 2019 D.Rajamanickam

...Petitioner/

Defacto Complainant Vs.

1. The Superintendent of Police Karur, Karur District

2. The Inspector of Police K.Paramathi Police Station Karur District 3.The Sub Inspector of Police Thennilai Police Station Karur District

...Respondents/Complainants

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to appoint some other honest Inspector of Police to reinvestigate the complaint dated 04.02.2017 given by the petitioner before the 3rd respondent. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 3 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 1st respondent to appoint some other honest Inspector of Police to reinvestigate the complaint dated 04.02.2017 given by the petitioner before the 3rd respondent.

2. On the complaint lodged by the petitioner, the second respondent conducted enquiry and closed the complaint for the reason that the petitioner himself has withdrawn the complaint. It is also seen that the petitioner approached this Court in Crl.O.P(MD) No.17037 of 2017 and this Court by an order dated 19.06.2018, recorded as follows:

"2. Today,when the matter is taken up for hearing, the learned Additional Public Prosecutor has produced a copy of the closure report and submitted that petition enquiry was conducted by the third respondent police and after enquiry the complaint was closed by the third respondent, as the dispute was settled and the petitioner do not want to prosecute further on the complaint.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14512 of 2019 3.Recording the above said submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed".

3.The learned Government Advocate (Crl.side) would submit that both the complaint lodged by the petitioner have been closed after conducting enquiry.

4.Therefore further investigation cannot be ordered. Hence the Criminal Original Petition stands dismissed. If there is any grievance over the closure report submitted by the second respondent , the petitioner is at liberty to file private complaint before the concerned court in the manner known to law.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Karur, Karur District

2. The Inspector of Police K.Paramathi Police Station Karur District 3.The Sub Inspector of Police Thennilai Police Station Karur District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Crl.O.P.(MD) No.14512 of 2019 15.10.2019 KK/SAR/06.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2