BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.OP(MD).No.13784 of 2011 Rathinam Asary :Petitioner -Vs- 1.The District Superintendent of Police, Collectorate Complex, Virudhunagar District. 2.The Inspector of Police, District Crime Branch, Virudhunagar District. :Respondents PRAYER:Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to reopen and reinvestigate the crime No.11 of 2011 on the file of the second respondent, which was closed as mistake of fact on 18.07.2011 without conducting any investigation by the second respondent. For Petitioner : Mr.R.Murugappan For Respondents: Mr.P.Kannithevan, Government Advocate (Crl.Side) ORDER Seeking a direction to the respondent police to reopen the investigation in Crime No.11 of 2011 on the file of the second respondent, the petitioner has come up with this petition. 2.A perusal of the record would go to show that the said case was registered for offences punishable under Sections 406, 417, 465, 467, 468, 471, 474 and 506(ii) read with 120(b) IPC. From the averments made in the petition, it is seen that the case was investigated by the second respondent and closed as 'Mistake of fact'. In those circumstances, he has come up with this petition. 3.In my considered opinion, the remedy for the petitioner is to appear before the learned Magistrate to file a protest petition, at the time when final report is considered by the learned Magistrate. This Court, at this juncture, cannot interfere with the matter under Section 482 Cr.P.C., since the petitioner has got efficacious and alternative remedy. In such view of the matter, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To:1.The District Superintendent of Police, Collectorate Complex, Virudhunagar District. 2.The Inspector of Police, District Crime Branch,Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.R.Murugappan, Advocate. SR.No.37029. RP/23.11.2011/1P/5C. CRL.O.P.(MD).No.13784 of 2011 https://hcservices.ecourts.gov.in/hcservices/