Madras High CourtCRL OP/14168/2016closed

Siddhan v. The Superintendent Of Police

2016-07-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14168 of 2016 Siddhan .. Petitioner Vs 1.The Superintendent of Police Salem District, Salem.

2.The Inspector of Police Poolampatti Police Station Poolampatti, Salem District Crime No.157/2016 .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to alter the Section as 302 IPC and add all the names of the accused persons in pursuance to the dying declaration in Cr.No.157 of 2016 on the file of the second respondent.

For Petitioner :

Mr.C.Munusamy For respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to alter the Section as 302 IPC and add all the names of the accused persons in pursuance to the dying declaration in Cr.No.157 of 2016 on the file of the second respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. Pursuant to the death of one Irusappan, on the statement given by his wife Perumayee, the respondent police have registered a case in Cr.No.157 of2016 on 18.06.2016 for an offence under Section 306 IPC against three accused. The petitioner, who is the son of the deceased Irusappan, has approached this Court for a direction to alter the FIR into one under Section 302 IPC and also to add the accused persons who have been named in the dying declaration that has been given by https://hcservices.ecourts.gov.in/hcservices/

the deceased Irusappan to the Judicial Magistrate, Salem, at the hospital where the former was admitted with burn injuries.

4. This Court perused the dying declaration and found that Irusappan has named the accused persons and has also alleged that they had poured petrol and set fire on him. Taking into consideration the gravity of the allegations, this Court directs the Deputy Superintendent of Police, Sangagiri, to monitor the investigation done by the Inspector of Police, Poolampatti Police Station in Cr.No.157/2016 and conduct an unbiased investigation thoroughly. If during the course of investigation it is found that the deceased was done to death as alleged by him in the dying declaration, the police shall file necessary Alteration Report before the jurisdictional Court. If it is found otherwise, the police shall collect sufficient materials to show that the dying declaration is not worthy of acceptance. With the above direction, this petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gms To 1.The Deputy Superintendent of Police, Sangagiri.

2.The Superintendent of Police, Salem District, Salem.

3.The Inspector of Police, Poolampatti Police Station, Poolampatti, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Munusamy, Advocate Sr.38654 Crl.OP No.14168 of 2016 kgk[co] srg 02/08/2016 https://hcservices.ecourts.gov.in/hcservices/