Krishnakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.1406 of 2012 and MP.No.1 of 2012 Krishnakumar .. Petitioner/Accused Vs.

1.

The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Modakurichi Police Station, Erode District.

.. Respondents/Complainant Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the order dated 16.07.2012 made in D.No.6758/2012/MC/Dated 16.07.2012 Ref.:C.C.No.225 of 2012 on the file of the Chief Judicial Magistrate, Erode. For Petitioner : Mr.T.Muruganantham For respondents: Mr.T.Shanmugarajeswaran Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed to set aside the order dated 16.07.2012 made in D.No.6758/2012/MC/Dated 16.07.2012 Ref.:C.C.No.225 of 2012 on the file of the Chief Judicial Magistrate, Erode.

2. It is seen that originally a case was registered in Crime No. 266 of 2010 against the revision petitioner for the offence under Section 287 and 304A IPC. After completing the investigation, the respondent police laid a charge sheet before the learned Judicial Magistrate-III, Erode informing the commission of offence under Sections 287, 304A and 338 IPC and the same was taken on file in C.C.No.225 of 2012. Subsequently, the case was committed to the Sessions court and the Sessions Court made over the case to the learned Chief Judicial Magistrate, Erode. During the pendency of trial, the learned Chief Judicial Magistrate found that the respondent police had not properly investigated the matter and therefore, ordered for https://hcservices.ecourts.gov.in/hcservices/

further investigation. Aggrieved by the order passed by the learned Chief Judicial Magistrate, the accused therein has filed the present revision before this Court.

3. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that after the order passed by the learned Chief Judicial Magistrate, the respondents police conducted further investigation and laid a charge sheet before the learned Judicial Magistrate-III, Erode and the same was taken on file in C.C.No.176 of 2013, which is pending for trial.

4. In view of the above submission, this Court at this Stage does not find any reason to interfere with the order passed by the learned Chief Judicial Magistrate, Erode. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar KMI To

1. The Chief Judicial Magistrate, Erode.

2. The Judicial Magistrate -III, Erode.

3. The Superintendent of Police, Erode District, Erode.

4. The Inspector of Police, Modakurichi Police Station, Erode District.

5. The Public Prosecutor, High Court of Madras, Chennai-104.

Copy To The Section, Crl. Section, High Court, Madras. Crl.R.C.No.1406 of 2012 KK(CO) GMY(14/08/2019) https://hcservices.ecourts.gov.in/hcservices/