Madras High CourtCRL OP/24617/2019closed

Vijaya v. The Inspector Of Police,

2019-11-15Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.24617 of 2019 and Crl.M.P.No.13097 of 2019 Vijaya .. Petitioner/ Defactp Complainant Vs.

The state rep. by its The Inspector of Police, Kariyapattinam Police Station, Kariyapattinam, Vedaranyam Taluk, Nagapattinam District.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to re-investigate the case in connection with the C.C.No.160 of 2018 in Crime No.140 of 2017 pending on the file of the Judicial Magistrate, Vedaranyam, Nagapattinam District.

For Petitioner :M/s.R.Muruga Bharathi For Respondent :Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The main ground on which the petitioner seeks for reinvestigation in Crime No.140 of 2017 is that the vital document could not compared by the Forensic Department, is that of the admitted document, since comparison signature was not available.

2 In my view, the re-investigation need not afford on this ground, in view of Section 311 -A Cr.P.C., which empowers the Magistrate to order the person, who give the specimen signature or hand writing and in view of this provision, it would not be appropriate to consider the prayer sought for and interfere with the charge sheet which was laid way back in the year 2016.

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3 With this above observations this Criminal Original Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn/sbn To 1.The Judicial Magistrate, Vedaranyam, Nagapattinam 2.The Inspector of Police, Kariyapattinam Police Station, Kariyapattinam, Vedaranyam Taluk, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Muruga Bharathi , Advocate SR.No. 95187 Crl.OP No.24617 of 2019 and Crl.M.P.No.13097 of 2019 A.SK(08/01/2020) https://hcservices.ecourts.gov.in/hcservices/