S.Vasantha Kumar v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11959 of 2020 S.Vasantha Kumar S/o Selvaraj D.No.126/3, Padma Illam Mamangam Post Salem District.
...Petitioner
Vs.
State Rep by its The Sub-Inspector of Police Thalaivasal Police Station Salem District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent to alter the First Information Report in Crime No.371 of 2019 dated 05.12.2019 for the offence punishable under Sections 279, 337, 338 & 307 of IPC instead of sections 279 & 337 of IPC and to investigate the same in accordance with law and to file final report within a time stipulated by this Court.
For Petitioner : Mr.N.Vijaya Basker for M/s Law Vision For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.
O R D E R
The Criminal Original Petition has been filed to direct the respondent to alter the First Information Report in Crime No.371 of 2019 dated 05.12.2019 for the offence punishable under Sections 279, 337, 338 & 307 of IPC instead of sections 279 & 337 of IPC and to investigate the same in accordance with law and to file final report within a time stipulated by this Court. 2.The learned counsel for the petitioner would submit that the respondent police has left the Section 307 of IPC in the FIR.
3.The learned Additional Public Prosecutor would submit that the respondent already filed final report in Crime No.371 of https://hcservices.ecourts.gov.in/hcservices/
2019 and the same has been taken cognizance in S.T.C. No.681 of 2020. Under such circumstance further investigation cannot be ordered.
4.Considering the above submissions, the petitioner is at liberty to invoke the provisions under Sections 216 and 319 of Cr.P.C., before the trial Court, during trial. 5.With the above direction, the Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sub-Inspector of Police Thalaivasal Police Station Salem District.
2.The Public Prosecutor Madras High Court Chennai.
Crl.O.P.No.11959 of 2020 SPD(CO) RV(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/