Madras High CourtCRL OP/17121/2019disposed of

Kamaraju v. The Superintendent Of Police

2019-07-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.17121 of 2019 Kamarasu .. Petitioner .Vs.

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

2.The Sub Inspector of Police, Veppur Police Station, Cuddalore District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to nominate competent Police Officer in the place of present investigating officer to conduct further investigation in respect of Cr.No.134 of 2019, on the file of the second respondent.

For Petitioner : Mr.M.Velmurugan For Respondents: Mr.M.Mohamed Riyaz, APP

ORDER

This Criminal Original Petition has been filed seeking for further investigation in Cr.No.134 of 2019.

2. The grievance of the petitioner is that the FIR has been registered only for an offence under Section 147, 148, 294 (b), 323, 324, & 506(ii) of IPC and the respondent Police have intentionally not included the offences under Section 307, 427, 436 IPC r/w Section 4 of Tamilnadu Women Harassment Act and r/w Section 3 of TNPPDL Act, and the investigation is done in a biased manner.

3. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 23.04.2019 for an offence under Section 147, 148, 294(b), 323, https://hcservices.ecourts.gov.in/hcservices/

324, & 506(ii) of IPC. The investigation is in progress. If in the course of investigation, the respondent police collected sufficient materials, the offenses will be accordingly altered and all the accused persons will be brought to book.

4. In view of the above submission, there shall be a direction to the 2nd respondent to continue the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by showing the necessary offences. All the persons involved in the crime was also be made as accused persons. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar KP To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Sub Inspector of Police, Veppur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Velmurugan, Advocate sr.55033 Crl.OP No.17121 of 2019 ppa(co) nr 23/07/2019 https://hcservices.ecourts.gov.in/hcservices/