Madras High CourtCRL OP(MD)/906/2018disposed of

M. Amutha v. The Commissioner Of Police

2018-01-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.906 of 2018 M.Amutha ... Petitioner -vs1. The Commissioner of Police, Madurai.

2. The Inspector of Police, Thallakulam Police Station, Madurai District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to conduct further investigation in Crime No.1118 of 2017, registered on the file of second respondent police.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to conduct further investigation in Crime No.1118 of 2017.

2.The learned counsel appearing for the petitioner has submitted that a complaint was given against the four persons including one Jeyapandi, who is working as police Constable in Thallakulam Police Station. But the second respondent has filed the charge sheet by deleting the name of the said Jeyapandi. He further submitted that the petitioner's daughter, namely, Vinitha has sustained injury in the said occurrence and for that she took treatment in Government Rajaji Hospital, Madurai, but, in the charge sheet, the said fact has not been mentioned and the charge sheet was filed under Sections 341, 294(B) of I.P.C., only. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.Side) has submitted that the petitioner's daughter, Vinitha gave a written complaint

in which she has stated that she has fallen down and sustained injuries and in the said complaint nothing has been stated against the said Jeyapandi and hence the charge sheet has been filed under proper Sections against the proper persons.

4.Considering the aforesaid submissions, a liberty is given to the petitioner to file a protest petition to the charge sheet filed by the second respondent and on filing such protest petition, the learned Judicial Magistrate No.II, Madurai has to consider and proceed further in accordance with law. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai.

2. The Inspector of Police, Thallakulam Police Station, Madurai District.

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

Copy to:

The Judicial Magistrate No.II, Madurai.

+ 1 cc TO Mr.M.Jerin Mathew , Advocate in SR No. 43125 sss AE/SKN RSK/SAR2/14.02.2018/2P/6C CRL.O.P.(MD)No.906 of 2018 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/