Petitioner sought directions under Section 482 CrPC to reopen a closed case and direct investigation. Court noted the case was already investigated and closed, ordered petitioner to approach the Magistrate for relief, and dismissed the petition.
Petitioner at liberty to approach the Judicial Magistrate for relief; petition dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.10.2014
C O R A M
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Criminal Original Petition (MD) No.17638 of 2014
Kalaiselvan
... Petitioner
Vs.
1.The Superintendent of Police, Dindigul,
Dindigul District.
2.The Inspector of Police, Sanarpatti Police Station,
Dindigul District.
3.The Superintendent of Police, CBCID, Egmore, Chennai 8
... Respondents
Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 and 2 to re-open the case in Cr.No.344 of 2012 on the file of the 2nd respondent and also to direct the third respondent to investigate the case in accordance with law.
For Petitioner : Mr.R.Ramachandran For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.Side)
ORDER
The petitioner approached this Court seeking direction to the respondents 1 and 2 to re-open the case in Cr.No.344 of 2012 on the file of the 2nd respondent and also to direct the third respondent to investigate the case in accordance with law.
2.However, learned Government Advocate (Crl.Side) would submit that after investigation, the FIR has been closed and the same has been filed before the Judicial Magistrate.
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3.In that event, the petitioner is at liberty to take appropriate proceedings before the same Court for appropriate relief.
4.This petition is ordered accordingly.
Sd/Assistant Registrar(A.S.) /True copy/
Sub Assistant Registrar
To
| 1. |
Judicial Magistrate No.2, Dindigul. |
|---|---|
| 2. |
The Superintendent of Police, Dindigul, Dindigul District. |
| 3. |
The Inspector of Police, Sanarpatti Police Station, Dindigul District. |
| 4. |
The Superintendent of Police, CBCID, Egmore, Chennai 8 |
| 5. |
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. |
| +1c | c to Mr. P. Ramaswamy, Advocate SR No.57150. |
| sms SSB |
/03/11/2014/2P-7C |
| Criminal Original Petition (MD) No.17638 of 2014 17.10.2014 |
1 issue framed by the court
Whether to direct police authorities to re-open a closed case and investigate the matter de novo.
1 provisions across 1 enactments
Kalaiselvan
The Superintendent of Police, Dindigul
The Inspector of Police, Sanarpatti Police Station
The Superintendent of Police, CBCID, Egmore, Chennai
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
