Mahalingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mahalingam S/o.Ariyar Goundar ... Petitioner Vs.

1. The State represented by The Inspector of Police, Thevoor Police Station, Salem District.

Crime No.45 of 2023.

2. Janani W/o. Mohankumar

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the first respondent herein to separate the complaint of the petitioner from Crime No.45/2023 on their file and to register separate FIR by invoking correct provision of offences as per the complaint of the petitioner and investigate the matter in accordance with law.

For Petitioner : Mr.T.Muruganantham 1/4

For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This Criminal Original Petition has been filed for a direction to the first respondent to separately register a First Information Report based on the complaint given by the petitioner and not to club it with the present First Information Report pending investigation in Crime No.45/2023.

2. Learned Additional Public Prosecutor, on instructions, submitted that going by the incident that took place on 07.03.2023, the investigation is now carried out in Crime No.45 of 2023 for the offence of affray. Learned Additional Public Prosecutor further submitted that in the course of investigation, if it is found that any of the party have exceeded their right and had committed individual offences, a decision would be taken by the first respondent in accordance with law.

Recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 2/4

21.08.2023 Index : Yes/No Internet : Yes/No mjs / gm To

1. The Inspector of Police, Thevoor Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J mjs / gm 21.08.2023 4/4