Madras High CourtCRL OP/27653/2016disposed of

Chennakrishnan, Aged 40 Years v. State By

2017-02-15Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.27653 of 2016 and Crl.MP No.14142 of 2016 Chennakrishnan ..

Petitioner/Defacto Complainant Vs State by the Inspector of Police, Kambainallur Police Station, Dharmapuri District.

..Complainant/Respondent Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondent herein viz., the Inspector of Police, Kambainallur Police Station, Dharmapuri, Dharmapuri District to conduct further investigation in the above case in Crime No.278 of 2012 on his file.

For Petitioner : Mr.M.Purushothaman For Respondent : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent herein to conduct further investigation in Crime No.278 of 2012 on his file.

2. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor filed a status report of Thiru.S.Kanthavel, Inspector of Police, Morappur Police Station, i/c. Kambanallur Police Station, Dharmapuri District, dated 30.01.2017, wherein, at para 15, it has been categorically stated as follows:

"I submit that the then Inspector of Police of Kambainallur P.S in his charge sheet filed by him on 06.12.2012 before the Judicial Magistrate Court, Harur, in the list of witnesses, the injured witness i.e. Sathish, who accompanied with the complainant on the said date of occurrence to the spot, was not https://hcservices.ecourts.gov.in/hcservices/

included as one of the witnesses (injured witness). Due to negligent of the then Inspector of Police, he was not included in the charge sheet as one of the witnesses (list of witness). Hence, I will conduct further investigation and I will submit further report along with the statement of Sathish (injured witness) under Section 173(VIII)Cr.P.C for further action."

3. In view of the above status report, nothing survives for adjudication in this matter. Hence, recording the same, the respondent is directed to conclude the further investigation and file a final report as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rk To 1.The Judicial Magistrate Court, Harur.

2.Inspector of Police, Kambainallur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras-104. +2cc to M/s.M.Purushothaman,Advocate sr.10330. Crl.O.P.No.27653 of 2016 ala(co) ss(8/3/2017) https://hcservices.ecourts.gov.in/hcservices/