P.Palapathiran, S/O.Parasan, v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.28058 of 2017 P.Palapathiran ... Petitioner Vs

1. The Director General of Police, Chennai.

2. The Deputy Superintendent of Police, Kanchipuram Range, Kanchipuram District.

3. The Inspector of Police, Thalambur Police Station, Chennai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to correct provision of occurrence in the FIR by conducting re-enquiry at the place of occurrence which took place on 08.07.2016 and alter the FIR to proceed further in accordance with law.

For Petitioner : Mr.A.Punithavanan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents to correct provision of occurrence in the FIR by conducting reenquiry at the place of occurrence which took place on 08.07.2016 and alter the FIR to proceed further in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen from the averments stated in the petition that when the petitioner's son was riding motor cycle, one E.Devadoss was riding behind him in his motor cycle. The said Devadoss had intentionally hit the vehicle in rash and negligent manner and dashed against the petitioner's son https://hcservices.ecourts.gov.in/hcservices/

vehicle. Therefore the petitioner's son sustained grievous fatal injuries and died. Unfortunately, the third respondent registered the case for the offences under Sections 279 and 304 (A) of IPC. Therefore it is also seen that the accident had occurred due to crossing of the cattle herd and a cow hit the petitioner's son, and the actual and real facts have been suppressed which clearly shows that it is cruel murder by the said E.Devadoss who is highly politically influenced person and this cold blood murder has been suppressed by the respondents to help the accused persons. In this regard the petitioner has lodged so many complaints and even then the respondents did not take any further steps to alter the offences.

4.

Considering the above said facts and circumstances, the third respondent is directed to consider the representation of the petitioner and conduct detailed enquiry with the said E.Devadoss, son of Elumalai in FIR No.270 of 2016 and complete the investigation and file a final report within a period of twelve weeks from the date of receipt of copy of this order.

5.

With the above directions, this Criminal Original Petition disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi To

1. The Director General of Police, Chennai.

2. The Deputy Superintendent of Police, Kanchipuram Range, Kanchipuram District.

3. The Inspector of Police, Thalambur Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras, Madras.

CRL.O.P.No.28058 of 2017 GJ(CO) CB(22/09/2020) https://hcservices.ecourts.gov.in/hcservices/