Kolanji v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Kolanji ... Petitioner Vs.
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Sub Inspector of Police, Thittagudi Police Station, Cuddalore District.
Crime No.172/2024 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to direct the 2nd respondent to club together the FIR in Crime No.172 of 2024 and counter complaint of the petitioner dated 30.07.2024 to conduct investigation into the matter simultaneously in accordance with law.
For Petitioner : Mr.R.Sankarasubbu for Mr.M.Velmurugan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
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The petitioner herein is the sole accused in the complaint given by the Chief Medical Officer in charge of Government hospital, Thittagudi, which has been registered in Crime No.172 of 2024 on 30.07.2024 for the alleged offence under Sections 296(b), 132, 351(1) of BNSS & Section 3 of Tamil Nadu Medicare Service Persons & Medicare Service Institutions [Prevention of Violence & Damage or Loss to the Property] Act, 2008.
2.
The petitioner herein through this application under Section 528 of BNSS prayed for a direction to club his counter complaint dated 30.07.2024 and conduct investigation.
3.
The learned Government Advocate (Crl.Side) appearing for the respondent police submits that there is no provision of clubbing two complaints and conduct investigation. Further, the petitioner herein who had gone to the Government hospital in a drunken mode and committed crime of abuse and interference in the discharge of public duty by the doctor been booked for offence under Section 296(b), 132, 351(1) of BNSS & Section 3 of Tamil Nadu Medicare Service Persons & Medicare Service Institutions [Prevention of Violence & Damage or Loss to the Property] Act, 2008.. While so, he has sent a complaint by courier 2/4
alleging that Dr.Sebanantham misbehaved with him in a drunken mode and that complaint been registered in C.S.R.No.548 of 2024 dated 24.08.2024 and under enquiry.
4.
This Court, on perusing the record, finds that the complaint of Dr.Sebanantham been registered in Crime No.172 of 2024. While so, the petitioner, who is the accused in that case, has sent a complaint through courier and same is also now been taken up for enquiry in C.S.R.No.548 of 2024. Hence, it is suffice to direct the respondent police to follow the Police Standing Order 566 and the direction of this Court passed in Balaji Vs. State of Tamil Nadu and proceed with the investigation.
5.
With the above said direction, this Criminal Original Petition is disposed of.
03.09.2024 Index : Yes/No rpl Dr.G.JAYACHANDRAN,J.
rpl To 3/4
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Sub Inspector of Police, Thittagudi Police Station, Cuddalore District.
3.The Public Prosecutor, High Court of Madras, Chennai.
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