N.Parasuram v. 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.18633 of 2021 N.Parasuram
...Petitioner
Vs State Rep.by 1.Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Deputy Superintendent of Police, Vettavalam P.S.
Thiruvannamalai District.
3.The Inspector of Police, Vettavalam P.S.
Thiruvannamalai District. .... Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent herein to alter the FIR and to change the pending investigation in Crime No.466/2021 from the file of the 3rd respondent herein to the file of any other investigating agency having competent jurisdiction and file final report as it deems fit and property by this Hon'ble Court.
For Petitioner : Mr.K.Manikandan For Respondents : Mr.A.Damodaran Addl.Public Prosecutor.
ORDER
The petitioner /defacto complainant has filed this petition seeking transfer of investigation and altering of Section on his complaint a case registered in Crime No.466 of 2021 for offences under Sections 147, 148, 342, 294(b), 324, 506(2) IPC and 3(1) (r), 3(1) (s), 3(2) (va) of SC/ST (Prevention of Atrocities) AMENDMENT ACT 2015.
2.The grievance of the petitioner is that the petitioner despite disclosing the persons, who had assaulted the petitioner, it was found only five persons name had been mentioned in the FIR and other persons' presence had not been mentioned. They were attempting to commit dacoity. When the petitioner and others attempted to intervene they sustained murderous attack and suffered grievous injuries. He further submits that the respondent police have not taken proper action. 3.The learned Additional Public Prosecutor submits that in this case, the case came to be registered on 27.08.2021. Now, the second respondent Deputy Superintendent of Police is carrying on the investigation. Five persons have been arrested. In this case, investigation is in progress.
The Deputy Superintendent of Police visited the scene of occurrence, enquired witnesses present in the Scene of occurrence, drawn rough sketch, observation mahazor, investigation proceeding in the right directions. Tangible materials are collected with regard to the the involvement of the other accused and they would also be arrayed accused in this case. The investigation is likely to be completed within a period of two months and final report would be filed. Seeing the seriousness of the offence, the Superintendent of Police, the first respondent is monitoring the investigation.
4.Recording the same, this Court directs the first respondent police to monitor the investigation and the second respondent Deputy Superintendent of Police to conduct and conclude the investigation at the earliest preferably within a period of two months and file final report. Thereafter, concerned Court shall take the case on file and expeditiously complete the trial as contemplated as per SC/ST Act. With the above, the criminal original petition is disposed of.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR
sms To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Deputy Superintendent of Police, Vettavalam P.S.
Thiruvannamalai District.
3.The Inspector of Police, Vettavalam P.S.
Thiruvannamalai District.
4.The Public Prosecutor, High Court, Madras.
+1cc to M/s.K.Manikandan, Advocate Sr.53707 CRL.O.P.No.18633 of 2021 rgn[co] srg 30/11/2021