Madras High CourtCRL OP(MD)/9559/2017closed

P.Arockiyam, v. The Superintendent Of Police,

2017-09-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9559 of 2017 P.Arockiyam ... Petitioner -Vs1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent to appoint a suitable Investigating Officer to enquire and investigate the Crime No.749 of 2016 on the file of the second respondent police and alter the First Information Report for the offences under Sections 307, 326 and 506(ii) I.P.C., and to file a final report within a stipulated time and for other suitable orders. For Petitioner : Mr.H.Lakshmi Shankar For Respondents : Mr.K.Anbarasan, Government Advocate(Criminal Side) ***

O R D E R

This Criminal Original petition is filed for a direction to the first respondent to appoint a suitable Investigating Officer to enquire and investigate the Crime No.749 of 2016 on the file of the second respondent police and to alter the First Information Report for the offences under Sections 307, 326 and 506(ii) I.P.C., and to file a final report within a stipulated time.

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

3. The grievance of the petitioner is that he gave a complaint to the second respondent police for the grave offences. However, the case was registered only for minor offences. It was therefore, the petitioner was constrained to file the above Criminal Original petition.

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4. The learned Government Advocate(Criminal Side) however on

instructions submitted that the first respondent thereafter appointed another Investigating Officer to investigate. It was further submitted that Charge Sheet earlier filed has to be altered for including offences under Sections 307 and 506(ii) I.P.C., and that therefore, the grievance of the petitioner is addressed.

5. Recording the said statement of the learned Government Advocate(Criminal Side) and based on the further enquiry, the Criminal Original petition is closed, as no further order is required.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

+1cc to M/s.H.LAKSHMI SHANKAR Advocate in SR. No. 76756 PMU JS/KP/SAR.1/14.09.2017/2P-5C CRL.O.P.(MD)No.9559 of 2017 05.09.2017 https://hcservices.ecourts.gov.in/hcservices/