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Madras High CourtCRL OP/8867/2017disposed of

S.Santhanam, Aged 48 Yrs v. Superintendent Of Police

2019-04-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8867 of 2017 S.Santhanam

...Petitioner

-Vs1.Superintendent of Police, Office of the Superintendent of Police, Villupuram, Villupuram District 2.Deputy Superintendent of Police, Camp Office, Santhapettai, Thirukoilur Taluk, Villupuram District 3.Inspector of Police, Sankarapuram Police Station, Villupuram District 4.Sub-Inspector of Police, Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the third respondent to alter the First Information Report in Crime No.97 of 2014 dated 07.07.2014 include the offence under Section 147, 148, 294(b), 323, 324 & 302 I.P.C. based on the petitioner's complaint dated 28.05.2016 and complete the investigation under the supervision of the 2nd respondent in accordance with law, as expeditiously possible. For Petitioner : Mr.J.Agni Selvaraju For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

The criminal original petition has been filed to to alter the First Information Report in Crime No.97 of 2014 dated 07.07.2014.

2.

The learned Additional Public Prosecutor would submit that the investigation in Crime No.97 of 2014 was completed and

closed as action dropped on 11.10.2015 and report was sent to the Tahsildar, Sankarapuram.

3. It is seen that the petitioner has filed this petition to alter the FIR. However, after conducting enquiry, the FIR has been closed as action dropped on 11.10.2015. Therefore the prayer sought for by the petitioner cannot be considered now and this Criminal Original Petition is liable to be dismissed.

4. However, the third respondent is directed to file final report before the jurisdictional Magistrate, namely the Judicial Magistrate, Sankarapuram within a period of two weeks from the date of receipt of a copy of this Order after serving the referred charge sheet notice to the petitioner. On receipt of the referred charge sheet notice, the petitioner is at liberty to file a protest petition before the jurisdictional Magistrate concerned.

5. With the above directions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar lok To 1.Superintendent of Police, Office of the Superintendent of Police, Villupuram, Villupuram District.

2.Deputy Superintendent of Police, Camp Office, Santhapettai, Thirukoilur Taluk, Villupuram District.

3.Inspector of Police, Sankarapuram Police Station, Villupuram District.

4.Sub-Inspector of Police, Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District.

5.The Judicial Magistrate, Sankarapuram.

6.The Public Prosecutor, High Court of Madras +1cc to Mr.J.Agni Selvaraju, Advocate, S.R.No.38724 Crl.O.P.No.8867 of 2017 SKV(CO) RRS(20/06/2019)