Madras High CourtCRL OP/19408/2023disposed of

Chennappa v. The Superintendent Of Police

2023-08-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Chennappa, S/o.Late Munisamy Gounder ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Tirupattur District.

2.The Deputy Superintendent of Police, Vaniyambadi, Tirupattur District.

3.The Inspector of Police, Natrampalli Police Station, Tirupattur District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to consider the petitioner's representation dated on 07.08.2023 to alter the FIR in Crime No.69/2023 to conduct fresh enquiry against the accused persons and registered the case on the provisions of murder.

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For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the First Information Report in Crime No.69/2023 and to conduct fresh enquiry against the accused persons.

2. Heard Mr.D.Jagadeesan, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the respondents.

3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the charges have abated since the accused person died during the pendency of the investigation. Learned Additional Public Prosecutor further submitted that RCS notice is yet to be served on the de facto complainant. 2/4

4. In view of the above submission, there shall be direction to the respondent police to serve RCS notice on the de facto complainant within a period of two (2) weeks. If the de facto complainant is not satisfied with the closure report, it is left open to the de facto complainant to file a protest petition before the concerned jurisdictional Court.

This Criminal Original Petition is disposed of with the above direction.

25.08.2023 Speaking Order/Non-speaking Order Index :Yes/No pal/gm To 1.The Superintendent of Police, O/o.The Superintendent of Police, Tirupattur District.

2.The Deputy Superintendent of Police, Vaniyambadi, Tirupattur District.

3.The Inspector of Police, Natrampalli Police Station, Tirupattur District.

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N.ANAND VENKATESH, J.

pal/gm 4.The Public Prosecutor, Madras High Court, Chennai.

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