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Madras High CourtCRL OP/11653/2019disposed of

R.Subramanian v. The District Superintendent Of Police

2019-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11653 of 2019 R.Subramanian ... Petitioner Vs 1.The District Superintendent of Police, Office of the Thiruvarur Superintendent of Police, Thiruvarur District.

2.The State by The Inspector of Police, Nannilam Police Station, Thiruvarur District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent to alter the FIR in Crime No.91 of 2019 by including the Sections 320, 326 and 307 of IPC. For Petitioner : Ms.B.Jaya For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent to alter the FIR in Crime No.91 of 2019 by including the Sections 320, 326 and 307 of IPC.

2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents. 3.The case of the prosecution is that, from more than 15 years it is a routine work of Mr.Chinnapillai @ Krishnamoorthy along with his rowdy aliments by using political influence by obstructing the petitioner and the village people by using the Government public pathway which is useful to go to the petitioner's agricultural lands. Further one of the associates threatening the petitioner with a gun also. The petitioner give several complaints by stating the above facts to take legal actions against them. The second respondent has registered the https://hcservices.ecourts.gov.in/hcservices/

complaint in Crime NO.91 of 2019 under Sections 294(b), 324 and 506(2) of IPC. The petitioner states that as per the request made on 25.03.2019 to alter the FIR in Crime NO.91 of 2019 by including the Sections 320, 326 and 307 of IPC, the second respondent instead of altering the FIR they registered the complaint against the petitioner in Crime No.92 of 2019 as if he has attacked the said Mr.Chinnapillai @ Krishnamoorthy. Hence this petition.

4.Considering the above facts and circumstances, the petitioner is directed to furnish all the material evidence and documents before the second respondent. On receipt of the same the second respondent is directed to conduct the enquiry and if any cognizable offence made out as requested by the petitioner, the second respondent is directed to file a final report within a periof of three months from the date of receipt of a copy of this order.

5.With the above observations and directions, the Criminal Original Petition stands disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rna To 1.The District Superintendent of Police, Office of the Thiruvarur Superintendent of Police, Thiruvarur District.

2.The Inspector of Police, Nannilam Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.B.Jaya, Advocate in sr.no.41876 Crl.O.P.No.11653 of 2019 SAI (CO) vum (21/05/2019) https://hcservices.ecourts.gov.in/hcservices/