Madras High CourtCRL OP(MD)/9296/2017closed

R.Marimuthu v. The Commissioner Of Police

2017-08-04Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9296 of 2017 R.Marimuthu ... Petitioner/Defacto Complainant -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, C-5, Karimedu Police Station, Madurai City, Madurai District. ... Respondent/Complainant

3. Titus ... Respondent/Accused PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent police to include Section 307, 325 and 326 of I.P.C., in the above Crime No.166 of 2016 on the file of the second respondent. For Petitioner : Mr.V.Chinnasamy For R-1 & R-2 : Mr.K.Anbarasan, Government Advocate(Crl. Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent police to include Sections 307, 325 and 326 of I.P.C., in Crime No.166 of 2016 on the file of the second respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondents 1 and 2.

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3. The learned Government Advocate(Criminal Side) on instructions submitted that final report itself has been filed under Sections 294(b), 307 and 506(ii) r/w Section 34 of I.P.C. The final report discloses that the respondent ought to have included the Sections 325 and 326 of I.P.C. The learned Government Advocate(Criminal Side) explained that the offence under Section 307 of I.P.C., has been registered.

4. Recording the said statement of the learned Government Advocate(Criminal Side),the Criminal Original petition is closed. However, it is open to the petitioner to seek modification for altering the sections in the manner known to law. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, C-5, Karimedu Police Station, Madurai City, Madurai District.

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

+1 cc to Mr.V.Chinnasamy , Advocate in SR.No. 71147 pmu AE/JC/SAR3/29.08.2017/2P/5C CRL.O.P.(MD)No.9296 of 2017 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/