Venkatesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.15154 OF 2021 Venkatesan

...Petitioner

Vs.

1. The State rep. By The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, Latheri Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register a case based on the petitioner's statement recorded by the 2nd respondent police dated 18.06.2021. For Petitioner : Mr.E.Kannadasan For Respondents : Mr.A.Damodaran Govt.Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent police to register a case based on the petitioner's statement recorded by the 2nd respondent police dated 18.06.2021.

2. The learned counsel for the petitioner submitted that there was a civil dispute between the petitioner and the proposed accused. On 18.06.2021, a wordy quarrel arose between the petitioner and the proposed accused, in continuation of the same, the proposed accused attacked the petitioner and his daughter and the petitioner sustained fracture injury on his https://hcservices.ecourts.gov.in/hcservices/

left knee and he was taking treatment as inpatient in the Government Hospital, Vellore. On the same day, the second respondent police recorded the statement from the petitioner, promising that FIR would be registered and action will be taken against the accused persons, namely, Aravindhraj, Mahalingam, Maheswari, Iswarya and Danush. Thereafter, no action has been taken. On the other hand, against the petitioner, counter complaint has been registered in Crime No.158 of 2021. 3.The learned Government Advocate (Crl.side) produced a copy of the Accident Register of the Govt. Hospital, Vellore, where the petitioner is taking treatment. He also submitted that on the complaint of the petitioner in CSR No.175/2021, dated 20.06.2021, enquiry is pending.

4.It is surprising to see that when the person is wounded and taking treatment as an inpatient in the hospital, what is the necessity for having a petition enquiry. In view of the same, the respondent police is directed to take appropriate action immediately as per law.

5.With the abovesaid direction, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar sms To

1. The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, Latheri Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.44382 Crl.O.P.No.15154 of 2021 GPL(CO) RLP(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/