Madras High CourtCRL OP(MD)/6283/2016disposed of

Sp.D. Karuppaiah, v. The Director General Of

2018-09-11Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.6283 of 2016 SP.D.Karuppaiah : Petitioner/Defacto Complainant Vs.

1.Director General of Police, O/o.The Director General of Police, Dr.Radhakrishnan Road, 2.Additional Director General of Police (CBCID), O/o.The Additional Director General of Police, (CBCID) 3.State through The Inspector of Police, Karaikudi South Police Station, 4.Niramala 5.Shanmugasundaram 6.Lenin 7.Ravindran 8.Kittu 9.Selvam 10.Shanmugavel 11.Khalimuthu 12.Nirosa 13.Rasaiah 14.Anbu @ Anbalagan 15.Thavamani 16.Ganesan 17.Thirugnanasambantham 18.Krishnakumari 19.Rajasekar 20.Meiyappan 21.Rathinavel 22.Vellaichamy 23.Selvam : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No.2 to reinvestigate the case in C.C.No.85 of 2015 on the file of the learned Judicial Magistrate Court, Karaikudi in Crime No.381 of 2014 on the file of the

respondent No.3 and include the respondents No.6 to 23 as accused persons in the said case.

For Petitioner : Mr.R.Alagumani For R1 to R3 :Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R4, R5 and R9 :Mr.Rs.Sundar Srinivasan For R13, R14 and :Mr.V.K.Saravanan R16 and R21.

For R6 to R8,R11 R10, R12, R15, R17 to R20 : No Appearance and R22, R23.

ORDER

This Criminal Original Petition has been filed for a direction to include the certain persons as accused in C.C.No.85 of 2015, which is pending on the file of the learned Judicial Magistrate, 2.The learned counsel for the petitioner submits that totally 23 persons are involved in this case. However, the respondent police has filed a final report only as against these persons and rest of them have been left out.

3.In the considered view of this Court, this Court need not exercise its jurisdiction under Section 482 Cr.P.C for this purpose. During the course of enquiry or trial, if the court below finds that other persons are also involved in the crime, it can always include them as accused in exercise of its power under Section 319 Cr.P.C. Therefore, it is not as if the petitioners have no remedy in this matter. The court below shall consider the evidence adduced before it in the course of enquiry or trial and take appropriate decision, as against the accused persons in accordance with law.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS-I) To 1.Director General of Police, O/o.The Director General of Police, Dr.Radhakrishnan Road,

2.Additional Director General of Police (CBCID), O/o.The Additional Director General of Police, (CBCID) 3.The Inspector of Police, Karaikudi South Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Judicial Magistrate,Karaikudi.

+2cc to Mr.R.SUNDAR SRINIVASAN, Advocate, SR.No.83751 Crl.O.P.[MD].No.6283 of 2016 11.09.2018 DAS KK/SKN/SAR-1/08.10.2018/3P-8C