R.Murugan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14168 of 2020 Mr.R.Murugan, M/A 51 years, S/o.Rama Aachari, No.10, Mariyammankovil Street, Murugayyan Nagar, Thiruvanamalai District - 606 601.

... Petitioner Vs 1.The Superintendent of Police, Thiruvannamalai, Thiruvanamalai District.

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to direct the second respondent to alter the FIR in Crime No.2184 of 2020 to offences under Sections 147, 294(b), 448, 324, 326, 307 and 506(ii) of IPC instead of 294(b), 448, 324 and 506(ii) on the file of the second respondent and file a final report within a stipulated period by conducting fair investigation.

For Petitioner : Mr.K.Thenrajan For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent to alter the FIR in Crime No.2184 of 2020 to offences under Sections 147, 294(b), 448, 324, 326, 307 and 506 (ii) of IPC. It is averred that on the complaint lodged by the petitioner the 2nd respondent registered the case in Crime No.2184 of 2020 for the offences under Sections 294(b), 448, 324 and 506 (ii) of IPC. It is further averred that on verification of discharge summary, it was found that the petitioner sustained head injury and even https://hcservices.ecourts.gov.in/hcservices/

the 2nd respondent did not register the case for the offence under Section 307 IPC.

2.The learned Additional Public Prosecutor submitted that the discharge summary stated that the petitioner had sustained grievous injuries in which four cut injuries in head and three in the face near the nostril and one in left shoulder. The investigation is still under progress.

3.Considering the above submission, the 2nd respondent is directed to complete the investigation within a period of twelve weeks from the date of receipt of copy of this order by investigating the crime. If any materials available to attract under Section 307 of IPC while investigation, the 2nd respondent is directed to alter the offence accordingly and file a final report.

4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvannamalai, Thiruvanamalai District.

2.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14168 of 2020 ajs[co] srg 04/11/2020 https://hcservices.ecourts.gov.in/hcservices/