Madras High CourtCRL OP/11157/2015dismissed as infructuous

S.Madhiyazhagan v. The Inspector Of Police

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11157 of 2015 S.Madhiyazhagan ... Petitioner Vs.

1.The Inspector of Police, Vellakoil Police Station, Vellakoil, Tirupur Distrcit.

2.The Superintendent of Police, Tirupur District, Tirupur, 3.The Tahsildar Kangeyam Taluk, Kangeyam, Tirupur District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the 1st respondent police to alter the Section from Sec.174 Cr.P.C. To Section 306 read with Section 34 of I.P.C in Crime No.96 of 2014 on the file of the 1st respondent police and consequently direct the first respondent to investigate the same by considering petitioner complaint dated 24.12.2014 and file a final report within a period to be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Thangavel For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent police to alter the Section from Sec.174 Cr.P.C. To Section 306 read with Section 34 of I.P.C in Crime No.96 of 2014 on the file of the 1st respondent police and consequently direct the first respondent to investigate the same, based on the petitioner's complaint dated 24.12.2014.

2. The learned Additional Public Prosecutor would submit that FIR in Crime No.96 of 2014 pending on the file of the first respondent police has been enquired and the same was closed on 13.04.2014 as 'Mistake of Fact' and further action has been https://hcservices.ecourts.gov.in/hcservices/

dropped, and a closure report has also been filed before the learned Judicial Magistrate Kangeyam.

3. Recording the said submission made by the learned Additional Public Prosecutor, this petition is dismissed as infructous.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn To 1.The Inspector of Police, Vellakoil Police Station, Vellakoil, Tirupur Distrcit.

2.The Superintendent of Police, Tirupur District, Tirupur, 3.The Tahsildar Kangeyam Taluk, Kangeyam, Tirupur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Thangavel, Advocate sr.no.17957 Crl.O.P.No.11157 of 2015 mp(co) nr 29/03/2019 https://hcservices.ecourts.gov.in/hcservices/