P. Rajamanickam, J. Crl. O.P. No. 1298 of 2020. D/d. 23.01.2020.-Registration of case – Once police has closed the complaint, informant cannot invoke section 482 of Criminal Procedure Code, 1973 – First respondent directed to conduct a preliminary enquiry.

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Manickam v. Inspector of Police Crime Branch, (Madras) : Law Finder Doc Id # 1732628
MADRAS HIGH COURT
Before:- Mr. P. Rajamanickam, J.

Crl. O.P. No. 1298 of 2020. D/d. 23.01.2020.

Manickam – Petitioner

Versus

The Inspector of Police Crime Branch S-15, Selaiyur Police Station Chennai 600 073 and other – Respondents

For the Petitioner :- Mr. V. Chandrakanthan, Advocate.

For the Respondent No. 1:- Mr. M. Mohamed Riyaz, Additional Public Prosecutor.

IMPORTANT

Registration of case – Once police has closed the complaint, informant cannot invoke section 482 of Criminal Procedure Code, 1973 – First respondent directed to conduct a preliminary enquiry.

Criminal Procedure Code, 1973 Section 156(3) Registration of case – First respondent has conducted a preliminary enquiry and closed the complaint – Once the Police has closed the complaint, the informant cannot invoke section 482 of Criminal Procedure Code, 1973 – First respondent directed to conduct a preliminary enquiry.

[Paras 4 and 5]

Cases Referred :

G. Prabakaran v. Superintendent of Police, Thanjavur, Crl.O.P.(MD)No.13681 of 2018

ORDER
Mr. P. Rajamanickam, J. – This petition has been filed to direct the first respondent to register a case based on the petitioner’s complaint dated 07.06.2019 in pursuance of the orders passed by the learned Judicial Magistrate, Tambaram in Crl.M.P.No.3832 of 2019 dated 12.07.2019.

2. The learned counsel for the petitioner has submitted that the petitioner has filed a petition under Section 156(3) Cr.P.C., 1973 before the Judicial Magistrate, Tambaram and the same was taken on file in Crl.M.P.No.3832 of 2019. He further submitted that the learned Judicial Magistrate, Tambaram, by the order dated 12.07.2019 has directed the first respondent police to register the case, but the first respondent instead of registering the case, had conducted a preliminary enquiry and closed the petitioner’s complaint on 09.11.2019 and hence, he requested to direct the first respondent to register the case as per the order of the learned Judicial Magistrate.

3. Per contra, the learned Additional Public Prosecutor has submitted that the learned Judicial Magistrate, Tambaram has not directed the first respondent to register a case and on the contrary, he directed the first respondent to conduct a preliminary enquiry and if the enquiry reveals any cognizable offence, he has to register the case and in pursuance of the said order, the first respondent has conducted a preliminary enquiry and closed the petitioner’s complaint and in the said order, this Court need not interfere.

4. Once a complaint is filed under Section 156(3) Cr.P.C., 1973 along with an affidavit, the Judicial Magistrate has to go through the averments made in the said complaint and affidavit and the materials enclosed with the said complaint and thereafter, if he is satisfied that a prima facie case is made out, he should direct the police to register a case, but in this case, he has directed the first respondent to conduct preliminary enquiry and if any cognizable offence is made out then he has to register a case. The petitioner has not challenged the said order.

5. Since the learned Judicial Magistrate, has directed the first respondent to conduct a preliminary enquiry and in compliance of the said order, the first respondent has conducted a preliminary enquiry and closed the complaint. As per the decision of a Division Bench of this Court in G. Prabakaran v. The Superintendent of Police, Thanjavur (Crl.O.P.(MD)No.13681 of 2018 batch) once the Police has closed the complaint, the informant cannot invoke section 482 of Cr.P.C., 1973 as remedy is elsewhere.

6. For the aforesaid reasons, this petition is closed. It is open to the petitioner to avail any other remedy which is available under the law.

Criminal O.P. closed.

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