Madras High CourtCRL OP/21261/2023disposed of

Abdul Rahim v. State Rep.By

2023-09-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Abdul Rahim S/o.Muthuja ... Petitioner Vs.

1.The State represented by Sub Inspector of Police, E3, Teynampet Police Station, Chennai.

(in Crime No.2483 of 2014) 2.PTS Thiyagarajan S/o.Seenivasan 3.Muthuraman S/o.Gurusamy 4.Shanmugam S/o.Kannan 5.Thirumaran S/o.Kumaresan ... Respondents 1/4

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to conduct further investigation in C.C.No.3353 of 2016 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.V.Murugesan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent to conduct further investigation in C.C.No.3353 of 2016 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. Heard Mr.V.Murugesan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.

3. When the matter came up for hearing on 19.09.2023, this Court 2/4

passed the following order:

"This criminal original petition has been filed seeking for further investigation in C.C.No.3353 of 2016.

2. The specific case of the petitioner/defacto complainant/injured is that he was attacked by the accused persons and he was given treatment at Rajiv Gandhi Government General Hospital. To substantiate the same, the discharge summary issued is also annexed in the typed set of papers. However, the prosecution has recorded the statement of the Doctor working in Royapettah Government Hospital and along with the final report, Accident Register copy has been filed which has been issued by Royapettah Government Hospital. The petitioner therefore apprehends that the entire investigation was done only to ensure the acquittal of the accused persons. On the face of it, the submission made by the learned counsel for the petitioner seems to be correct.

3. The learned Additional Public Prosecutor seeks for time to take instructions in this case.

4. Post this case under the same caption on 25.09.2023."

4. Learned Additional Public Prosecutor submitted that the earlier order passed by this Court on 19.09.2023 was taken into consideration and that the investigation officer will move a memo before the concerned Court u/s.173(8) Cr.P.C. seeking for further investigation and a supplementary report will be filed in this case.

N.ANAND VENKATESH, J 3/4

rjr/gm Recording the submission of learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 27.09.2023 Index : Yes/No Speaking order:Yes/No rjr/gm To 1.The Sub Inspector of Police, E3, Teynampet Police Station, Chennai.

(in Crime No.2483 of 2014) 2.The Public Prosecutor, High Court, Madras.

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