C.Devarajan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.22836 of 2021 C.Devarajan ... Petitioner Vs.

1. The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The Deputy Superintendent of Police, Cheyyaru, Cheyyaru Taluk, Thiruvannamalai District.

3. The Inspector of Police, Anakkavur, Cheyyaru, Cheyyaru Taluk, Thiruvannamalai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to alter the offences under Section 147, 148, 294(b), 324, 506 (i) of IPC and to include the offences under Section 307, 325, 506(ii) and 120(b) of IPC in Crime No.68 of 2021 of Anakavur Police Station.

For Petitioner : Mr.C.Emalias For Respondent : Mr.L.Baskaran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to alter the offences under Sections 147, 148, 294(b), 324, 506(i) of IPC and to include the offences under Sections 307, 325, 506(ii) and 120(b) of IPC in Crime No.68 of 2021 of Anakavur Police Station.

2. The petitioner is the defacto complainant/victim and he was attacked by the accused persons, due to which, he has sustained grievous injuries. Infact, he was treated in three different hospitals and he had spend more than Rs.75,00,000/- for treatment. Even then, the third respondent has registered https://hcservices.ecourts.gov.in/hcservices/

a case only for the offence under Section 147, 148, 294(b), 324, 506(i) of IPC in Crime No.68 of 2021, infact, the said Crime was also registered only on the direction issued under Section 156(3) of Cr.P.C in Crl.MP.No.2229 of 2020 by an order dated 01.02.2021.

3. Considering the facts and circumstances, the third respondent is directed to alter the offence as requested by the petitioner if any materials are available to attract those offences while investigation in Crime No.688 of 2021.

4. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Vv To

1. The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The Deputy Superintendent of Police, Cheyyaru, Cheyyaru Taluk, Thiruvannamalai District.

3. The Inspector of Police, Anakkavur, Cheyyaru, Cheyyaru Taluk, Thiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.C.Emalias, Advocate SR. No. 33156 Crl.O.P.No.22836 of 2021 JPL (CO) PR (01/07/2022) https://hcservices.ecourts.gov.in/hcservices/