Madras High CourtCRL OP/22719/2015closed

P.Velmurugan v. The Commissioner Of Police

2015-10-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22719 of 2015 P.VELMURUGAN ...PETITIONER Vs 1 THE COMMISSIONER OF POLICE, GREATER CHENNAI, VEPERY, CHENNAI-8.

2 THE INSPECTOR OF POLICE, SATHANGADU POLICE STATION, SATHANGADU, CHENNAI.

...RESPONDENTS Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents herein to alter the FIR u/s 307, 324 and 506(ii) of IPC registered in Crime No.859 of 2015 by the 1st respondent.

For Petitioner : Mr.K.Suthan For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondents herein to alter the FIR u/s 307, 324 and 506(ii) of IPC registered in Crime No.859 of 2015 by the 1st respondent.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. On a written complaint given by one Thangadurai, the respondent police have registered a case in Crime No.859 of 2015 under Section 341, 294[b], 323 IPC. The allegation in https://hcservices.ecourts.gov.in/hcservices/

the complaint is that, one P.Velmurugan, who is the brother of Thangadurai [de facto complainant] was brutally attacked with iron rod by the accused herein and therefore, the police would have registered a case under Section 307 IPC. On a reading of the complaint dated 20.08.2015 given by Thangadurai, there is no material to show that an offence under Section 307 IPC has been committed.

4. However, taking into consideration the nature of injuries and the Wound Certificate, it is always open to the respondent police to submit an alteration report including Section 307 IPC, in the event of materials surfacing during investigation.

With the above observation, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To 1 THE INSPECTOR GENREAL OF POLICE, PUDUCHERRY.

2 THE INSPECTOR OF POLICE, ORLEANPET POLICE STATION, PUDUCHERRY.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

1 CC to Mr.K.Suthan, Advocate SR.No. 55911 CRL.OP.No.22719 of 2015 LRS (CO) PSI (16.11.2015) https://hcservices.ecourts.gov.in/hcservices/