Madras High CourtCRL OP/23925/2017disposed of

K.Munnuswamy (Aged About 62 v. State Rep. By

2020-07-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.23925 of 2017 K.Munnuswamy ... Petitioner Vs.

1. The State rep by The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, G-6, Cheyyur Police Station, Kancheepuram District.

(Crime No.267 of 2009).

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to include the section 307 of IPC and Sec 3(1)(X) of SC & ST Act along with Section 147, 148, 323, 324, 332, 171(c), 506(ii) of IPC in Crime No.267 of 2009 on the file of the 1st respondent.

For Petitioner : Mr.L.Uthaya Kumar For Respondents : Mr.K.Prabakar Additional Public Prosecutor.

ORDER

This petition has been filed to direct the 2nd respondent to include the section 307 of IPC and Sec 3(1)(X) of SC & ST Act along with

Sections 147, 148, 323, 324, 332, 171(c), 506(ii) of IPC in Crime No.267 of 2009 on the file of the 1st respondent.

2.The learned Additional Public Prosecutor submitted that the investigation has already been completed in Crime No.267 of 2009 and final report has been filed and the same has been taken cognizance in S.C.No.13 of 2011 on the file of the Judicial Magistrate, Madurandhagam.

3.Therefore, the prayer sought for in this petition cannot be granted now. However, the petitioner is at liberty to approach the trial Court to invoke the provisions under Section 319 of Cr.P.C. 4.With the above direction, this Criminal Original Petition is dismissed.

07.07.2020 Index : Yes/No Internet: Yes/No gbi

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, G-6, Cheyyur Police Station, Kancheepuram District.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

gbi 07.07.2020