Madras High CourtCRL OP/19425/2016closed

Rajendran, v. Sub-Inspector Of Police,

2016-09-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19425 of 2016 Rajendran .. Petitioner Vs 1.

Sub-Inspector of Police, Vadalur, Kurinjipadi Taluk, Cuddalore District.

2.Sivamani 3.Ezhumalai 4.Rajasekar 5.Perumal 6.Thamizhmani 7.Jayaperumal ..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to order and direct reinvestigation / further investigation of the case in Crime No.185 of 2016 of Vadalur Police Station by an impartial agency of C.B.C.I.D for honest, fair and proper investigation to bring to book the actual offences committed by the respondents 2 to 7 and for filing final report / charge sheet.

For Petitioner :

Ms.Grahalakshmi For R1 :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to order and direct reinvestigation / further investigation of the case in Crime No.185 of 2016 of Vadalur Police Station by an impartial agency of C.B.C.I.D for honest, fair and proper investigation to bring to book the actual offences committed by the respondents 2 to 7 and for filing final report / charge sheet.

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

3. On the complaint lodged by Rajendran, the respondent police have registered a case in Crime No.185 of 2016 on 24.05.2016 under Sections 147, 148, 341, 294(b), 324, 506(ii) of IPC against one Sivamani and four others. Rajendran, (Defacto Complainant) has now approached this Court for transfer of investigation in Crime No.185 of 2016 to any other agency, on the ground that he has suffered serious injuries on the head.

4. Learned counsel appearing for the petitioner produced several photographs, to show that Rajendran has been severely beaten and suffered from serious injuries and therefore, the case deserves to be transferred to any other agency.

5. In the considered opinion of this Court, this is not a fit case to transfer the investigation to any other agency and it would suffice that the Superintendent of Police is directed to monitor the investigation in Vadalur Police Station crime No.185 of 2016. During the course of investigation, it is always open to the respondent police, to alter penal Sections after obtaining the necessary opinion from the Doctor who had treated the victim.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Cuddalore District.

2. The Sub-Inspector of Police, Vadalur, Kurinjipadi Taluk, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

Crl.OP No.19425 of 2016 GJ II[co] srg 21/09/2016 https://hcservices.ecourts.gov.in/hcservices/