Rajesh Kannan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2975 of 2017 Rajesh Kannan ... Petitioner Vs 1.The Superintendent of Police, Tiruvarur District.

2.The Inspector of Police, Mannargudi Police Station, Tiruvarur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to alter the FIR in Crime No.429 of 2016 on the file of the 2nd respondent by conducting the fair investigation.

For Petitioner : Mr.K.Karthikeyan For Respondents : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondents to alter the FIR in Crime No.429 of 2016 on the file of the 2nd respondent by conducting the fair investigation.

2.Heard the learned Counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondents. 3.The case of the prosecution is that the petitioner rushed to the hospital along with his wife and son. Thereby the petitioner was not allowed to see his daughter who underwent treatment at critical situation. On 15.05.2016 the petitioner's daughter died due to without benefit of treatment. The petitioner submit that initially the 2nd respondent without conducting proper enquiry and with an erroneous view, registered a case under Section 174(3) of Cr.P.C. On 20.06.2016, the petitioner made a representation before the District Collector https://hcservices.ecourts.gov.in/hcservices/

and the same was forwarded to 1st respondent to alter the FIR under Section 306 of IPC against one Prabhakar (Nursing Staff) and also one Parimala (Medical Officer). Hence, the petitioner filed this Criminal Original Petition.

4.Considering the above facts and circumstances, the second respondent is directed to complete the enquiry and file a final report in Crime No.429 of 2016 within a period of four weeks from the date of receipt of a copy of this order, if already not filed.

5.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rna To 1.The Superintendent of Police, Tiruvarur District.

2.The Inspector of Police, Mannargudi Police Station, Tiruvarur District.

3.The Public Prosecutor, High Court of Madras.

VG I(CO) CB(04/07/2019) Crl.O.P.No.2975 of 2017 https://hcservices.ecourts.gov.in/hcservices/