← Library
Madras High CourtCRL OP/21185/2016closed

Gowrisankar v. The Commissioner Of Police,

2018-04-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.21185 of 2016 Gowrisankar

...Petitioner

vs.

1. The Commissioner of Police, Chennai Police, Vepery, Chennai - 600 007.

2. Inspector of Police, Central Crime Branch, Vepery, Chennai - 600 007.

3. The Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent herein to alter the offence mentioned in the FIR in Crime No.73 of 2015 into that of Sections 338, 339 & 304 (A) IPC.

For petitioner : Mr.K.Shivakumar For Respondents: Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the second respondent herein to alter the offence mentioned in the FIR in Crime No.73 of 2015 into that of Sections 338, 339 & 304 (A) IPC.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the investigation in Crime No.73 of 2015 has been transferred from the file of E-3, Teynampet Police Station, Chennai the 3rd respondent herein to IUCAW (CCB).

3. In view of the law laid down by the Supreme Court in Shariff Ahmed and others vs. State (NCT of Delhi) [(2009) 14 SCC 184], this Court cannot issue a direction as to how they should investigate the case.

https://hcservices.ecourts.gov.in/hcservices/

4. Therefore, this petition is closed, with a direction to the Inspector of Police, IUCAW (CCB), Chennai, to expeditiously complete the investigation in Cr.No.73 of 2015 (earlier pending on the file of E-3, Teynampet Police Station, Chennai) and either file a closure report or a charge sheet, as the case may be, under intimation to the defacto complainant.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dh / avr To

1. The Commissioner of Police, Chennai Police, Vepery, Chennai - 600 007.

2. Inspector of Police, Central Crime Branch, Vepery, Chennai - 600 007.

3. The Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

4.The Public Prosecutor, High Court, Madras.

MP(CO) sm:15.5.2018 Crl.O.P. No.21185 of 2016 https://hcservices.ecourts.gov.in/hcservices/