Baskar, Aged 51 Years v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.20779 of 2016 Baskar ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2. The Deputy Commissioner of Police, Madhavaram Range, Madavaram, Chennai.

3. The Inspector of Police, Ennore Police Station, Ennore, Chennai.

... Respondents.

(Crime No.1052 of 2016) Criminal Original Petition filed under Section 482 of Cr.P.C., praying to issue a direction, directing the respondent herein to alter the case registered U/Sec.294(b), 324, 506(II) IPC in Crime No.1052/2016 dated 17.08.2016 on the file of the respondent police, into U/Sec. 294(b), 323, 324, 307, 506(II) IPC and to file the final report before the appropriate court within the reasonable time limit that may be fixed by this Hon'ble Court.

For Petitioner : Mr.K.Marinatha For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to alter the case registered u/s 294(b), 324, 506(II) IPC in Crime No.1052/2016 dated 17.08.2016 on the file of the respondent police, into u/s 294(b), 323, 324, 307, 506(II) IPC and to file final report before the appropriate court within the reasonable time.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. On the complaint lodged by the petitioner, the respondent police registered a case in Crime No.1052 of 2016 on 17.08.2016 under Section 294(b), 323, 324, 506(ii)IPC against Murugesan, Kuppan and Venkatesan and the investigation is in progress. At this juncture, the petitioner/de facto complainant has come up with this petition for a direction to the respondent police to alter the penal offence.

4. On reading of the discharge summary, it is seen this petitioner has suffered a fracture in the right leg. Taking into consideration the nature of the allegations, this is not a fit case to direct the respondent police to alter the penal provisions.

Recording the same, this petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kp To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2. The Deputy Commissioner of Police, Madhavaram Range, Madavam, Chennai.

3. The Inspector of Police, Ennore Police Station, Ennore, Chennai.

4.The Public Prosecutor, High Court, Madras.

CRL.OP.No.20779 of 2016 aa13/10/2016