Abid Hussain Sayeed v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Abid Hussain Sayeed S/o.A.Nasir Sayeed ... Petitioner Vs.

1. State Rep. by Inspector of Police (DCB) District Crime Branch, Kancheepuram District, Kancheepuram - 321 502.

2. The Inspector of Police (L & O) Kelambakkam P.S.

Kelambakkam, Chengulput District - 603 103.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent Police to file Additional Charge Sheet enabling to include the encroachers as accused in existing pending trial before the Leaned Judicial Magistrate - 2 of Chengleput in C.C.No.160 of 2014, within stipulated time frame. For Petitioner : Mr.G.Daisy John For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to file an additional charge sheet by including the encroachers as accused persons in the pending trial before the Judicial Magistrate II, Chengalpattu, in C.C.No.160 of 2014.

2. Heard Mr.G.Daisy John, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. Learned Additional Public Prosecutor submitted that the trial is at the fag end and it is in the stage of examination of the investigation officer.

4. In view of the same, the relief sought for by the petitioner cannot be granted by this Court. The scope for filing an additional charge sheet will arise only if a further investigation is conducted by the prosecution u/s.173(8) Cr.P.C. If the Court during the course of inquiry/trial finds that some other accused persons are also involved in this case, they can be added as accused persons by the trial Court itself u/s.319 Cr.P.C. Hence, there is a 2/4

procedure that has been stipulated under the Code of Criminal Procedure and no direction can be issued beyond what is provided in the Code. This Criminal Original Petition is accordingly disposed of. 03.08.2023 Index : Yes/No Speaking order:Yes/No gm To

1. The Judicial Magistrate II, Chengelpet.

2. The Inspector of Police (DCB) District Crime Branch, Kancheepuram District, Kancheepuram - 321 502.

3. The Inspector of Police (L & O) Kelambakkam P.S.

Kelambakkam, Chengulput District - 603 103

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

N.ANAND VENKATESH, J 3/4

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