1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD)No.12582 of 2011 S.Yesunesan : Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District, Kanyakumari. 2.The Inspector of Police, Kottar Police Station, Kanyakumari District. (Crime No.239 of 2011 : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to conduct further investigation and seize the weapon i.e 407 Temo Vehicle bearing No. TN 43 B 0506 and file a final report before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.P.Kannithevan Govt. Advocate(Crl. Side) O R D E R Seeking a direction to the second respondent to conduct further investigation in Crime No.239 of 2011 pending on the file of the second respondent and seize the vehicle bearing Registration No.TN 43 B 0506, the petitioner has come up with this petition. 2. It is submitted by the learned Government Advocate(Crl. Side) that already final report has been submitted by the police and the lower Court has taken cognizance of the same in C.C.No.349 of 2011. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In such view of the matter, remedy for petitioner is to approach the trial Court with a petition under Section 173(8) Cr.P.C. If the petitioner is not satisfied with the investigation, he can very well approach the learned Magistrate concerned. But without availing the alternative remedies, the petitioner rushed to this court under Section 482 Cr.P.C. The same cannot be allowed. 4. In such view of the matter, this Criminal Original Petition is dismissed with liberty to the petitioner to approach the learned Magistrate concerned with appropriate petition. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1. The Judicial Magistrate No.II, Nagercoil, Kanyakumari District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Superintendent of Police, Kanyakumari District, Kanyakumari. 4.The Inspector of Police, Kottar Police Station, Kanyakumari District. +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.39214 CRL.O.P.(MD).No.12582 of 2011 11.11.2011 pm SMA/29.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/