M.Govindasamy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16257 of 2021 M.Govindasamy

...Petitioner

Versus

State by Inspector of Police, Tiruppur Rural Police Station, Tiruppur City Crime No.314 of 2019

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to conduct further investigation and include all the offences committed by the Accused as stated in Crime No.314 of 2019 on the file of the respondent herein.

For Petitioner :

Mr.K.M.Subheramaniam For Respondent :

Mr.R.Vinoth Raja Govt. Advocate (Crl.side)

ORDER

(This case has been heard through video conference) The petitioner/defacto complainant in Crime No.314 of 2019 registered for the offence under section 294(b),324 and 506(2) of I.P.C. filed the above petition seeking further investigation and also include the accused, who had assaulted the petitioner.

2. The petitioner's grievance is that actual assailants, who attacked the petitioner, they were not arrayed as accused

and further F.I.R. was registered for offence under Sections 294(b), 324 and 506(2) I.P.C., despite the petitioner sustained serious injuries, which are grievous in nature. The petitioner had produced the medical certificate including the discharge certificate issued by the Government District Headquarters Hospital, Tiruppur. The petitioner also sent a representation disclosing all these facts, but no action taken.

3. The learned counsel appearing for petitioner would submit that despite the petitioner informing the vehicle number used by the assailants and other particulars to the respondent, so far, the respondent police not taken any steps to seize the vehicle.

4. The learned Government Advocate (Criminal Side) appearing for respondent would submit that the petitioner's representation along with the medical report was considered and the investigation is at pre-mature stage and within one month, final report would be filed.

5. Heard the submissions of the learned counsel appearing for petitioner and the learned Government Advocate (Crl. Side) appearing for respondent and perused the records.

6. On considering submissions, when the final report filed before the lower court, the petitioner can peruse the final report. If the grievance of the petitioner is not addressed in the final report, he is at liberty to send a representation in the form of protest petition before the lower court and after considering the petitioner's representation, to proceed with the case as per law.

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

Sd/- Assistant Registrar (CS-VIII) // True Copy // Sub Assistant Registrar rpp/nr

To 1.Inspector of Police, Tiruppur Rural Police Station, Tiruppur City.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Subramaniam, Advocate SR.No.50944 CRL.O.P.No.16257 of 2021 PCH(CO) RVM(12/10/2021)