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3. In the instant case, 'C' report was filed on earlier two earlier occasions by the Police for lack of material available to conduct investigation into the offences alleged against the petitioner. In both the 'C' reports, it is not stated that the proceeding is completely closed against the petitioner in not making out a prima facie ingredient in respect of the offence alleged against him. On the contrary, it is for want of lead to take investigation further, Police have filed 'C' report, which in technical sense, cannot be taken as proceeding is closed for ever. In fact, the judgment rendered by Madras High Court, which is relied upon by the learned counsel for petitioner in K. Ramasubbu`s case (referred supra) itself would support the case of prosecution that further investigation can be done. The relevant portion, which supports the case of the prosecution reads as under:-

4. However, in the aforesaid case, 'C' report was accepted for the reason that the complaint filed against the petitioner therein was on mistaken fact and there was nothing available for prosecution to investigate into the matter. In the said circumstances, such view was taken by the Investigating Officer, which was accepted by the learned Magistrate. The facts in the present case being totally different from that of K. Ramasubbu`s case (supra) and no such mistaken fact being expressed in 'C' report, it cannot be said that the Police have no right to investigate the case against the petitioner.