Madras High CourtCRL OP(MD)/6486/2019disposed of

Maruthu Pandiyan, v. The Commissioner Of Police,

2019-10-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6486 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6486 of 2019 Maruthupandiyan

...Petitioner

Vs.

1. The Commissioner of Police O/o.Commissioner of Police Karaikudi, Sivagangai District 2.The Inspector of Police Karaikudi North Police Station Karaikudi, Sivagangai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to further investigate the Crime No. 409 of 2017 on the file of the second respondent police and to file an additional charge sheet if any.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the respondent to further investigate the Crime No. 409 of 2017 on the file of the second respondent police and to file an additional charge sheet if any.

2. The learned counsel for the petitioner would submit that on the complaint lodged by the petitioner a case has been registered by the second respondent in Crime No.409 of 2017 as against four accused persons namely Dhanalakshmi( mother-in-law), Mudiyarasan, Baskaran@ Thathani and Rajesh Kannan for the offences under Sections 147,148,294(b), 324 and 506(ii) of IPC. The respondent police has completed investigation and filed final report as against A1 and A2 and left two other accused person before the learned Judicial Magistrate, Karaikudi and the same has been taken cognizance in C.C.No. 62 of 2018, though there are incriminating materials to attract the offence against them.

3. Hence the petitioner is at liberty to invoke provisions under Section 319 of Cr.P.C during trial if any incriminating materials found against other accused persons and implead them. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6486 of 2019

4. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Commissioner of Police O/o.Commissioner of Police Karaikudi, Sivagangai District 2.The Inspector of Police Karaikudi North Police Station Karaikudi, Sivagangai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-93085[F] dated 18/10/2019 ) Crl.O.P.(MD) No.6486 of 2019 17.10.2019 KM/(01.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2