M.Giridharan v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6442 of 2023 M.Giridharan ... Petitioner Vs.
1. The Commissioner of Police, Greater Chennai City Police, Commissionerate, EVK Sampath Road, Vepery, Chennai - 600 007.
2. The Deputy Commissioner of Police, Mylapore Police District, Kutchery Road, Madhavaperumalpuram, Mylapore, Chennai - 600 004.
3. The Assistant Commissioner of Police, Kotturpuram Range, Durasisamy Nagar, Kotturpuram, Chennai - 600 085.
4. The Inspector of Police, E4 Abiramapuram Police Station, Greenways Road, Raja Annamalaipuram, Chennai- 600 028.
... Respondents 1/5
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to direct the 4th respondent police to conduct further investigation and include all the offence committed by the accused stated in the complaint dated 21.02.2023 and make appropriate alteration in the FIR vide NO.58 of 2023 and other legal provisions. For Petitioner : Mr.V.Pradeep Kumar for Mr.AShabanal For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking direction to the respondent police to direct the the 4th respondent police to conduct further investigation and include all the offence committed by the accused stated in the complaint dated 21.02.2023 and make appropriate alteration in the FIR vide No.58 of 2023.
2. It is the submission of the learned counsel for the petitioner that petitioner was seriously attacked by the accused using a knife. In support of his submissions, he produced the copies of the color photographs showing cut injuries suffered by the petitioner. Though, petitioner sustained serious 2/5
injuries on his head with a use of dangerous weapon, FIR was registered only for the offences under Sections 294(b), 324 and 506(2) of IPC. FIR ought to have been registered for the offence under Section 307 of IPC. Therefore, present petition is filed.
3. In response, learned Government Advocate (Crl. Side) submitted that, though FIR was registered for the offence under Sections 294(b), 324 and 506(2) of IPC, necessary alteration report would be filed after getting necessary wound certificate.
4. CT Scan of the petitioner shows following impressions: Tiny extradural hemorrhage in left frontal region Communal displaced, depressed fracture of left frontal bone.
5. This injury was caused on the vital part of the body with the use of dangerous weapon. Certainly, commission of offence under Section 307 of IPC is made out. Therefore, this Court directs the respondent police to alter the offence under Section 307 of IPC and/or under any other provisions, on the basis of the injuries sustained by the petitioner and file a final report within a period of three months from the date of receipt of copy of the order. 3/5
6. Accordingly, this Criminal Original Petition is disposed of. 23.03.2023 Internet:Yes Index:Yes/No Sma To:
1. The Commissioner of Police, Greater Chennai City Police, Commissionerate, EVK Sampath Road, Vepery, Chennai - 600 007.
2. The Deputy Commissioner of Police, Mylapore Police District, Kutchery Road, Madhavaperumalpuram, Mylapore, Chennai - 600 004.
3. The Assistant Commissioner of Police, Kotturpuram Range, Durasisamy Nagar, Kotturpuram, Chennai - 600 085.
4. The Inspector of Police, E4 Abiramapuram Police Station, Greenways Road, Raja Annamalaipuram, Chennai- 600 028.
5.The Public Prosecutor, High Court of Madras.
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G.CHANDRASEKHARAN, J.
sma Crl.O.P. No.6442 of 2023 23.03.2023 5/5