Madras High CourtCRL OP(MD)/1117/2015dismissed

Balamahendran v. The Commissioner Of Police

2015-01-30Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD).No.1117 of 2015 and M.P(MD)No.1 of 2015 Balamahendran ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Deputy Superintendent of Police, CBCID, Lady Doak College Road, Madurai.

3.The Inspector of Police, Subramaniyapuram Police Station, Madurai City.

(In Crime No.811/2014) ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction for further investigation by the second respondent in Crime No.811 of 2014.

For petitioner : Mr.C.M.Arumugam For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl. Side)

O R D E R

This petition has been filed under Section 482 Cr.P.C., to direct further investigation by the second respondent in Crime No.811 of 2014.

2.As against the contention of the learned counsel for the petitioner that for the case registered in Crime No.811 of 2014 for offence under Sections 147, 148, 294(b), 341, 307, 506(ii) I.P.C, charge sheet stands filed wherein offence under Section 307 I.P.C, is not informed and further the prime accused has not been arrayed as an accused, the learned Government Advocate(Crl. Side) submits that on conduct of fair investigation charge sheet also informs the offence under Section 307 I.P.C.

https://hcservices.ecourts.gov.in/hcservices/ In such circumstances, this Court would dismiss the present Criminal Original Petition with the observation that if in the

course of trial, involvement of other persons is borne out, it would be open to the trial Court to proceed under Section 319 Cr.P.C. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Deputy Superintendent of Police, CBCID, Lady Doak College Road, Madurai.

3.The Inspector of Police, Subramaniyapuram Police Station Madurai City'

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to M/s.C.M.Arumugam, Advocate, SR>No.4643 pm RL/6 c- 14/2/2015 Crl.O.P.(MD).No.1117 of 2015 30.01.2015 https://hcservices.ecourts.gov.in/hcservices/