V.Rasu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9033 of 2019 V.Rasu .. Petitioner Vs 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Thittakkudi, 3.The Inspector of Police, Veppur Police Station, .. Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to include the accused persons namely 1) Rakki son of Rajendirean, 2) Sudhakar son of Periyasamy, 3) Chanduru, son of Selvarasu 4) Ambika wife of Selvarasu, 5) Senthamarai, wife of Veerappan, 6) Senthilkumar and 7) Lakshmi wife of Senthil Kumar as accused persons and to alter the offences punishable under Sections 147, 148, 294(b), 323, 324, 341, 506(ii) of IPC and 307 of IPC instead of offences under Sections 294(b), 323, 324 and 506(ii) of IPC concerned in Crime No.335 of 2018 on the file of Inspector of Police, Veppur Police Station, Cuddalore District (3rd respondent) and to conduct free and fair investigation.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to the direct the 3rd respondent to alter the offences in Crime No.335 of 208 on the file of the 3rd respondent police.

2. The learned counsel for the petitioner submitted that the document viz. complaint relied on by the respondent police itself clearly reveals that the said 1) Soundararajan, son of Selvarasu, 2) Mani son of Veerappan, 3) Veerappan son of Vadivel, 4) Selvarasu son of Vadivel, 5) Rakki son of Rajendirean, 6) Sudhakar son of Periyasamy, 7) Chanduru, son of Selvarasu 8) Ambika wife of Selvarasu, 9) Senthamarai, wife of Veerappan, 10) Senthilkumar and 11) Lakshmi wife of Senthil Kumar have assaulted the petitioner and his son with deadly weapons with an intention to kill them. The petitioner was taken to Government Hospital, Veppur and after administering first aid he was referred to Government Hospital, Perambalur as an in-patient for 20 days. He further submitted that the petitioner was treated as in-patient for a period of 19 days and three surgeries were performed and about 32 sutures were done and also sustained two grievous injuries.

3. Heard Mr.C.Prabakaran learned Counsel for the petitioner and Mr. Mr.C.Raghavan, Government Advocate (Crl.Side) for the respondent police.

4. Considering the facts and circumstances of the case the 3rd respondent is directed to consider the representation of the petitioner dated 12.02.2019 and other documents submitted by the petitioner and conduct an enquiry on the basis of the representation and on the documents produced by the petitioner. However, if any cognizable offence is made out as against the other persons, the 3rd respondent is directed to alter the FIR within a period of four weeks from the date of receipt of copy of this order.

5. Accordingly, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar rri To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Thittakkudi,

3.The Inspector of Police, Veppur Police Station, 4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prabakaran, Advocate sr 33100.

Crl.O.P.No.9033 of 2019 KJ(CO) SP(03/05/2019)