Madras High CourtCRL OP(MD)/5465/2017closed

Jesuputhiran v. The Inspector Of Police

2017-08-02Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.5465 of 2017 Jesuputhiran ... Petitioner -VsThe Inspector of Police, Suceendram Police Station, Kanyakumari District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent police to include the necessary provision of law for the offences committed by the accused in Crime No.28 of 2017, dated 07.02.2017 on the file of respondent police since the accused have made out severe injuries to the petitioner.

For Petitioner :

Mr.R.Ramachandran For Respondent :

Mr.K.Anbarasan, Government Advocate(Crl.side).

* * *

O R D E R

This Criminal Original petition is filed seeking a direction to the respondent police to include the necessary provision of law for the offences committed by the accused in Crime No.28 of 2017, dated 07.02.2017 on the file of respondent police since the accused have made out severe injuries to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3. Except stating that the petitioner was attacked by seven persons, the petitioner has not produced any material that the offence was committed by some named individuals as stated by the petitioner. The Wound Certificate obtained by the petitioner did not exhibit any grievious injury.

4. The learned Government Advocate(Criminal Side) on instructions submitted that after registration of the case, pursuant to the investigation, the case was closed as "Mistake of Fact" .

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5. In such circumstances, no further direction is required in this matter. If the petitioner is aggrieved by the closure report, it is open to the petitioner to work out his remedy as available in law.

6. With the above observation, the Criminal Original petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Suceendram Police Station, Kanyakumari District.

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

Pmu RL/3C/2P/KP/SAR2/17/8/2017 Crl.O.P.(MD) No.5465 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/