Madras High CourtCRL OP(MD)/5838/2022disposed of

Arockiyam v. The Superintendent Of Police

2022-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.5838 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5838 of 2022 Arockiyam ... Petitioner Vs.

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

2.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Tenkasi District.

(Crime No.300 of 2021) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 1st respondent to give suitable instruction to the 2nd respondent to include the main named accused persons as per original complaint and statement given by the Petitioner in Crime No.300 of 2021 on the petitioner's representation dated 15.11.2021.

For Petitioner : Mr.P.Saravanankumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction directing the second respondent to include the main accused persons in Crime No.300 of 2021.

2. On the complaint lodged by the petitioner, the second respondent registered an F.I.R in Crime No.300 of 2021 for the offences punishable under Section 341, 294(b), 324, 302 and 506(2) of IPC as against one Christopher alleging that due to previous enmity between the petitioner's family and the accused regarding death of hen grazing in the petitioner's place. While being so, on 03.11.2021, the accused and his parents abused the petitioner's wife and attacked her with deadly weapons and she sustained grievous injuries and died. However, the second respondent registered the case only against the person, who attacked his wife namely, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.5838 of 2022 Christopher and failed to register any case as against his parents.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that if any overt act is found as against other accused persons and if there are eye witnesses, they will be added as accused.

4. In view of the above submission, the second respondent is directed to complete the investigation and file a final report in Crime No.300 of 2021 within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that if any overt act and specific allegations are found as against the other accused persons, the second respondent is directed to file a final report accordingly.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur,Tenkasi District.

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

Crl.O.P(MD).No.5838 of 2022 30.03.2022 RK(20/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2