Muthukumaran v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9099 of 2022 Muthukumar ... Petitioner Vs.

1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Kandili Police Station, Tirupattur District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to conduct further investigation and include all the offences committed by the accused in the Crime No.337 of 2021 pending on the file of the second respondent.

For Petitioner : Ms.S.Premakumari For Respondents: Mr.V.Meganathan, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to conduct further investigation and include all the offences committed by the accused in the Crime No.337 of 2021 pending on the file of the second respondent.

2. Learned counsel for the petitioner would submit that the petitioner was brutally assaulted by one Chinnakutty (A1) and his son Sabari (A2) on 14.11.2021. In the attack, the petitioner had sustained grievous injuries. The petitioner was hospitalized for more than a month. The petitioner also belongs to the Schedule Caste community whereas, the respondent police instead of registering the case under appropriate provision under 294(b), 326, 307 of IPC r/w Section 4 of SC/ST (Prevention of Atrocities Act), has registered a case under Section 294 (b) and 324 of IPC. Thereby, the petitioner had sent a representation to the respondents police to alter the FIR https://hcservices.ecourts.gov.in/hcservices/

including aforesaid offences. Since the respondent police does not alter the FIR, the present petition has been filed seeking direction to the respondents police to conduct further investigation and include all the offences committed by the accused .

3. Mr.V.Meganathan, learned Government Advocate (crl. side) would submit that investigation in Crime No.337 of 2021 is pending on the file of the second respondent. He would submit that taking into consideration the medical records and other evidence available, the respondent will suitably alter the FIR, including all the offence committed by the accused.

4. Recording the submission made by the learned Government Advocate (crl.side), direction is issued to the second respondent to conduct further investigation with regard to the injuries sustained by the petitioner and if necessary alter the FIR, including the relevant provisions of law.

5. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Kandili Police Station, Tirupattur District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9099 of 2022 AJB(CO) GMY(06/05/2022) https://hcservices.ecourts.gov.in/hcservices/