S.Paulraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 10708 of 2018 and Crl.M.P. No.4468 of 2018 S.Paulraj ... Petitioner Vs.

State by

1. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District.

2. The Additional Director General of Police, CBCID, Block No.3, First Floor, SIDCO Electronics Complex, Guindy Industrial Estate, Chennai-32.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to conduct fresh/further investigation of the case in crime No.853 of 2017 on the file of the 1st respondent, now pending as C.C.No.191 of 2019 on the file of the learned Judicial Magistrate No.1, Chengalpattu as per law and file a fresh final report bringing all the accused to book, within a time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.S.Sathia Chandran For Respondents:

Mr.S.Karthikeyan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction directing the 2nd respondent to conduct fresh/further investigation of the case in Crime No.853 of 2017 on the file of 1st respondent, now pending as C.C. No.191 of 2019, on the file

of learned Judicial Magistrate No.1, Chengalpattu as per law and to file a fresh final report.

2. It is seen that the 2nd respondent has filed a final report and the same has been taken cognizance in C.C.No.191 of 2019 on the file of Judicial Magistrate No.1, Chengalpattu for the offences under Sections 448, 427 and 380 I.P.C. as agaisnt the accused persons. But, the petitioner did not satisfy with the investigation done by the 1st respondent, since major offences have been left out as against the accused persons. Further, the case has been taken cognizance by the Trial Court in C.C.No.191 of 2019. After having taken cognizance of the offence, the prayer sought by the petitioner in this petition cannot be entertained. Accordingly, this Criminal Original Petition is dismissed. However, the petitoner is at liberty to invoke the provisions under Sections 216 and 319 of Crl.P.C. before the trial court. Consequently, the miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpp To 1.The Judicial Magistrate No.1, Chengalpattu.

2.The Inspector of Police, Chengalpet Town Police Station, Chengalpet District.

3.The Additional Director General of Police, CBCID, Block No.3, First Floor, SIDCO Electronics Complex, Guindy Industrial Estate, Chennai-32.

4.The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr Sathia Chandran, Advocate, Sr.No.25028 CRL.O.P. No. 10708 of 2020 and Crl.M.P. No.4468 of 2020 MG(CO) GS(13/08/2020)