M.Ramamoorthy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18467 of 2021 M.Ramamoorthy, S/o. Madhu

...Petitioner

Vs 1.The State rep by The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Inspector of Police, B1, Dharmapuri Town Police Station, Dharmapuri.

....Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to further investigate F.I.R in Crime No.857 of 2021 and to include the sections 307, 326 of Indian Penal Code and section 4 of Women Harassment Act in the final report in Crime No.857 of 2021.

For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.A.Damodaran Addl. Public Prosecutor.

ORDER

(This case has been heard through video conference) The petitioner and his sister were assaulted, seriously injured and thereafter, the complaint was lodged in Crime No.857 of 2021 registered under Sections 294(b), 323, 324, and 506(2) of I.P.C. The 2nd respondent police not conducted investigation in a proper manner, and on the other hand, they https://hcservices.ecourts.gov.in/hcservices/

are also conversant with the accused herein. Hence, the accused was granted bail on 20.07.2021 without much objection. He would further submit that the petitioner sustained grievous injuries, 10 stitches to his wound and his sister Sujatha, 8 stitches to her wound. Further, when they were assaulted, they would be done away. Despite the same, the respondent police not included the offence under Sections 307, 326 of I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

2. The learned Additional Public prosecutor appearing for respondents would submit that the representation of the petitioner was received by the 2nd respondent police and considered the same. Now, the 2nd respondent police is awaiting for the wound certificate from the Government Hospital, Dharmapuri and after getting the wound certificate, recording the statement of Doctor and other witnesses, if required and after collection of materials, the section would be altered. He would also submit that weapons are also used for attacking the petitioner.

3.Recording the same, this Criminal Original Petition is disposed of.

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

2.The Inspector of Police, B1, Dharmapuri Town Police Station, Dharmapuri. 3.The Public Prosecutor, High Court, Madras. +1CC to M/s.A.Ilayaperumal, Advocate, SR.No. 53667 CRL.O.P.No.18467 of 2021 KG(CO) B.VC (28/10/2021) https://hcservices.ecourts.gov.in/hcservices/