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Madras High CourtCRL OP/2452/2022dismissed

Rikky Traver v. The Superintendent Of Police,

2022-02-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.2452 of 2022 Rikky Traver ... Petitioner Vs.

1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The Deputy Superintendent of Police, O/o, The Deputy Superintendent of Police, Mamallapuram, Chengalpattu District.

3. The Inspector of Police, Thirukkazhukundram Police Station, Thirukkazhukundram, Chengalpattu District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to direct the third respondent police to conduct the further investigation in FIR No.13 of 2022 include in all the offences as complaint on 10.01.2022.

For Petitioner : Mr.A.Venkatesan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the the third respondent police to conduct the further investigation in FIR No.13 of 2022 including all the offences as complaint on 10.01.2022.

2. It is the case of the petitioner that on 05.01.2022 at about 13.30 hours, while the petitioner was proceeding to his village, on the way of Thirupoorasundari Polytechnic College, 15 member gang of the people stopped his two wheeler and started smashing the two wheeler and assaulted him black and blue and thereafter, they have taken him into the temple in Periya street and abused him and had assaulted the petitioner with wooden logs, due to which, he had sustained serious injuries and when the third respondent intervened, the accused fled away from the place. Later the petitioner was taken to the Government General Hospital, Chengalpattu and had given treatment as in-patient.

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3. On 06.01.2022, the petitioner has preferred a complaint to the third respondent, whereas, the third respondent had directed him to give a complaint as per his directions, thereafter, the third respondent has not taken any proper steps to pursue the investigation, thereby, the present petition has been filed to direct the third respondent to conduct further investigation.

4. Mr.A.Gokulakrishnan, Additional Public Prosecutor, appearing for the respondents would submit that the investigation has been completed and the final report for the offence under Sections 147,148, 341, 324 & 427 IPC has been filed before the Judicial Magistrate concerned.

5. In view of the final report, this Criminal Original petition stands dismissed. However, liberty is granted to the petitioner to file an appropriate protest petition before the Judicial Magistrate concerned.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ham/shk To

1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The Deputy Superintendent of Police, O/o, The Deputy Superintendent of Police, Mamallapuram, Chengalpattu District.

3. The Inspector of Police, Thirukkazhukundram Police Station, Thirukkazhukundram, Chengalpattu District.

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.A.Venkatesan, Advocate Sr.NO. 7863 Crl.O.P.No.2452 of 2022 PMK(CO) A.SK(21.02.2022) https://hcservices.ecourts.gov.in/hcservices/