Madras High CourtCRL OP/24209/2022disposed of

G.Mahesh Kumar v. State Rep By

2022-10-11Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM G.Mahesh Kumar ... Petitioner Vs.

State Represented by The Inspector of Police, Nungambakkam Police Station (F-3), Nungambakkam, Chennai Crime No.255/2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to conduct further investigation and include all the offence committed by the accused stated in the FIR dated 18.08.2022 in Crime No.255 of 2022.

For Petitioner : Mr.R.P.Prathap Singh For Respondent : Mr.S.Santhosh , Government Advocate (crl.side)

ORDER

This Criminal Original petition has been filed to direct the respondent police to conduct further investigation and include all the offence committed by the accused stated in the FIR dated 18.08.2022 in Crime No.255 of 2022. 1/4

2.The learned Counsel appearing for the petitioner submitted that on 17.08.2022, the accused brutally assaulted the petitioner, due to which, he sustained multiple injuries. Later, the petitioner gave complaint before the respondent police and the respondent police registered the case in Crime No.255 of 2022 for the offences punishable under Sections 147, 341, 294(b), 323, 324 and 506(ii) of IPC. He would submit that though the petitioner sustained grievous injuries, the respondent police did not include the Section 307 of IPC in the FIR. Hence, the present petition has been filed. 3.The learned Government Advocate (crl.side) submitted that on receiving the complaint from the petitioner, a case has been registered in Crime No.255 of 2022 for the offences punishable under Sections 147, 341, 294(b), 323, 324 and 506(ii) of IPC and the investigation is still under progress.

4. I have considered the matter in the light of the submissions made by the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the materials available on record.

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5.Since the matter is still under investigation, the respondent police is directed to conduct further investigation in Crime No.255 of 2022 by receiving wound certificate from the Medical Authorities and file the final report before the concerned Court in accordance with law. 6.With the above direction, this Criminal Original Petition stands disposed of.

11.10.2022 Internet:Yes Index:Yes/No shk To 1.The Inspector of Police, Nungambakkam Police Station (F-3), Nungambakkam, Chennai 2.The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM, J.

shk 11.10.2022 4/4