M.Govindaraj v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2015

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24015 of 2015 M.Govindaraj ... Petitioner Vs.

1.The State rep. by Deputy Inspector General of Police, Vellore, 2.The State by Superintendent of Police, 3.The State by Inspector of Police, Kurisilapattu Police Station, Thirupattur Taluk, ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to direct the respondent Police to register the petitioner's complaint dated 24.06.2015 and file the final report.

For Petitioner :

Mr.S.Anburaja For Respondents:

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Police to register the petitioner's complaint dated 24.06.2015 and file the final report.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that on a complaint dated 23.06.2015 lodged by this petitioner against one Parthiban, petition enquiry was conducted in CSR.No.125 of 2015. Similarly, on a complaint dated 23.06.2015 given by Parthiban against this petitioner, petition enquiry was conducted in CSR.No.124 of 2015. It appears that both the CSR No.124 of 2015 and CSR.No.125 of 2015 were closed by the Sub Inspector of Police, Kurisilapattu Police Station, on the undertaking given by both the parties that, they have amicably settled the issues. 4.The learned counsel for the petitioner submitted that the issue was not amicably settled inasmuch as Govindaraj, the petitioner herein had sustained very serious injuries and was admitted in Government Hospital, Dharmapuri as in-patient with injuries on his face. Therefore, the police have perfunctorily closed the complaints.

5. There is sufficient force in the submission of the learned counsel for the petitioner. In a case where the petitioner suffered serious injuries, it is not open to the Police to close the case just because the parties have arrived at an amicable settlement. In the result, the closure order of CSR No.124 of 2015 and CSR No.125 of 2015 is hereby set aside. The Inspector of Police, Kurisilapattu Police Station is directed to conduct further investigation in CSR.No.124 of 2015 and CSR.No.125 of 2015 and take action in accordance with law. With the above direction, this Criminal Original Petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ds To:

1.The Deputy Inspector General of Police, Vellore, 2.The Superintendent of Police, 3.The Inspector of Police, Kurisilapattu Police Station,

Thirupattur Taluk, 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Anburaja, Advocate, sr.56802 Crl.O.P.No.24015 of 2015 lrs co kra 06/11/2015