Madras High CourtCRL OP(MD)/4378/2024disposed of

Venkatanathan v. The Inspector Of Police

2024-03-20Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4378 of 2024 Venkatanathan

...Petitioner

vs The Inspector of Police, Medical College Police Station, Thanjavur.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Respondent Police to file a final report in Cr.No.849 of 2022.

For Petitioner : Mr.K.P.Narayanakumar For Respondent : Mr.M.Veeranthiran Government Advocate (crl.side) ****

O R D E R

The Petitioner had filed this Petition seeking direction to complete the investigation in Cr.No.849 of 2022 pending on the file of the Respondent Police.

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2.The learned Government Advocate (Crl.side) submitted that the investigation had been completed and final report had been laid before the learned Judicial Magistrate No.II, Thanjavur. 3.The learned Judicial Magistrate No.II, Thanjavur, is directed not to take the final report without recording the statement of the de-facto Complainant regarding the injury and the medical records furnished by him by the Doctor and also without recording the statement of the Doctor, who treated the de-facto Complainant for the injuries suffered by the attack caused by the accused in the case in Cr.No.849 of 2022. On recording such statement, the learned Judicial Magistrate No.II, Thanjavur, shall pass appropriate orders for further investigation or can exercise the discretion and proceed with taking cognizance of the offence mentioned in the report.

The learned Judicial Magistrate No.II, Thanjavur, may issue summons to the de-facto Complainant. The Petitioner/de-facto Complainant is directed to approach Court within a period of fifteen days from the date of uploading the order copy in the official website of the learned Judicial Magistrate No.II, Thanjavur, engage a Counsel and file a statement.

In the result, the Criminal Original Petition is disposed of. Internet :Yes/No 20.03.2024 Index :Yes/No NCC :Yes/No cmr To 1.The Judicial Magistrate No.II, Thanjavur.

2.The Inspector of Police, Medical College Police Station, Thanjavur.

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

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.4378 of 2024 20.03.2024 4/4