Madras High CourtCRL OP(MD)/7055/2023dismissed as infructuous

M.Vijayaraman v. The Superintendent Of Police

2023-04-18Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.7055 of 2023 M.Vijayaraman ... Petitioner Vs.

1.The Superintendent of Police, Alagar Kovil Main Road, Surveyor Colony, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Sub-Division, Samayanallur, Madurai District.

3.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

(Crime No.358 of 2022) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent to conduct further investigation and include all the offences as made out in the complaint in Crime No.358 of 2022, on the file of the third respondent.

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For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor O RDER This petition is filed to direct the third respondent to conduct further investigation and include all the offences as made out in the complaint in Crime No.358 of 2022, on the file of the third respondent.

2. On the side of the petitioner, it is stated that though usage of "Pattakathi" was mentioned in the F.I.R and Photo and medical report were filed, the respondent police has not taken steps to register the case under Section 326 of I.P.C. and the respondent police registered the case only under Section 324 of I.P.C. and prayed for a direction to investigate about all the averments mentioned in the complaint.

3. On the side of the prosecution, it is stated that after investigation, the charge sheet was filed under Section 326 of I.P.C. and other offences.

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4. As per the submission made by the prosecution, since the charge sheet was filed under Section 326 of I.P.C. also, this Petition is dismissed as infructuous.

NCC : Yes/No Index : Yes/No 18.04.2023 Ls To 1.The Superintendent of Police, Alagar Kovil Main Road, Surveyor Colony, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Sub-Division, Samayanallur, Madurai District.

3.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

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

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R.THARANI. J.

Ls 18.04.2023 4/4