B.Sridhar v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13015 of 2021 B.Sridhar

...Petitioner

Versus

1. The Deputy Commissioner of Police O/o.The Deputy Commissioner of Police Arul Nagar, Madhavaram Milk Colony Chennai.

2. The Assistant Commissioner of Police O/o.The Assistant Commissioner of Police Puzhal Police Station, Chennai.

3. The Inspector of Police M3, Puzhal Police Station Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent police to include the section of Tamil Nadu Public Property Damage Act as against the accused person in connection with the case in Crime No.783 of 2021 on the file of the third respondent police based on the representation given by the petitioner dated 30.06.2021.

For Petitioner :

Mr.M.Senthilkumar For Respondents:

Mr.A.Damodharan, Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the third respondent police to include the section of Tamil Nadu Public Property Damage Act as against the accused person in connection with the case in Crime No.783 of 2021 on the file of the third respondent police based on the representation given by the petitioner dated 30.06.2021.

2. The petitioner lodged a complaint on 27.06.2021 stating that one Rakeshkumar assaulted him and also damaged his car's rear mirror and the respondent police has registered a case for https://hcservices.ecourts.gov.in/hcservices/

the offence under Sections 294(b), 427, 324 and 506(ii) IPC. Now, the grievance of the petitioner is that the said Rakeshkumar also damaged public property, but the concerned section for the said damage has not been included in the FIR. Hence, he filed this petition.

3. The learned Government Advocate (Crl.Side) has submitted that on the complaint of the petitioner a case was registered on 27.06.2021 in Crime No.783 of 2021 and investigation is in progress. Thereafter, the petitioner sent a representation on 02.07.2021, which was received by the Inspector of Police on 11.07.2021 and it is considered. After investigation and collection of evidence, the charge sheet would be altered accordingly.

4. Recording the submissions of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed. However, it is made clear that after filing final report, if the petitioner has any grievance, he can always file a protest petition before the concerned Court.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To

1. The Deputy Commissioner of Police Arul Nagar, Madhavaram Milk Colony Chennai.

2. The Assistant Commissioner of Police O/o.The Assistant Commissioner of Police Puzhal Police Station, Chennai.

3. The Inspector of Police M3, Puzhal Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Senthil Kumar, Advocate, S.R.No.36501 CRL.O.P.No.13015 of 2021 GPL(CO) RGA(27/08/2021) https://hcservices.ecourts.gov.in/hcservices/