C.Vallavaraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN C.Vallavaraja ... Petitioner/ Defacto complainant Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Karuppayurani Police Station, Madurai District.

3.Ramachandran 4.Rajasekar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to file the final report with appropriate penal provisions in connection with the case in Crime No.88 of 2021 on the file of the second respondent, by considering the petitioner's representation dated 05.06.2021. For Petitioner : Mr.G.Solai Raja For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to file the final report with appropriate penal provisions in connection with the case in Crime No.88 of 2021 on the file of the second respondent, by considering the petitioner's representation dated 05.06.2021. 2.The grievance of the petitioner is that even though grievous injury has been inflicted upon him by the accused persons, the First Information Report has not been registered under proper provisions of Penal Code. It is the further grievance that the 1/3

father of the petitioner is still in hospital and he is in critical stage and he has also suffered fracture in the skull. So, the First Information Report ought to have been registered under Section 307 of I.P.C. So, a direction must be issued to the first respondent to conduct the investigation properly and to file a final report with proper provisions of Penal Code. 3.The learned Additional Public Prosecutor for the respondent police would submit that the father of the petitioner is still in hospital and the first respondent is waiting for wound certificate to be issued by the concerned hospital. Hence, he seeks three months time to file a final report.

4.Considering the submissions made by the learned Government Advocate (Criminal side), there shall be a direction to the second respondent to conclude the investigation and file a final report in Crime No.88 of 2021 within a period of three months from the date of receipt of a copy of this order.

5.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Madurai District, Madurai.

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2.The Inspector of Police, Karuppayurani Police Station, Madurai District.

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

25.06.2021 KM(07.07.2021) 3P 4C 3/3