M.Palanivel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Mr.M.Palanivel ... Petitioner/Son of Defacto Complainant Vs.

1.The Superintendent of Police, The Office of the Superintendent of Police, K.Pudur, Madurai District.

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

... Respondents/Complainants PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to further investigation of this case and file proper final report in respect of Crime No.33 of 2024 within the time limit that may be stipulated by this Court. For Petitioner : Mr.N.Kalimuthu For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

The petitioner, who is a victim in Crime No.33 of 2024, has approached this Court seeking a direction to the respondent police to file 1/4

a final report within the stipulated time.

2.The learned counsel for the petitioner submits that the respondent police has not conducted the investigation in a proper manner and they have not added the main accused, namely, Arunachalam and Ravikannan in the First Information Report.

3.The learned Government Advocate (Crl. side) submits that the case was initially registered for the offence under Sections 279, 337 and 304A of IPC and now altered into Sections 120B, 307, 302 and 201 of IPC. He further submits that the Investigation Agency has examined 15 witnesses and also filed the final report on 12.06.2024 before the learned Judicial Magistrate, Thirumangalam. The same is yet to be taken on file. 4.Since the petitioner has a grievance that two more accused have been omitted, he is having a remedy before the learned Judicial Magistrate, Thirumangalam to file a protest petition. In the event, if the petitioner establishes a case that those two persons are also necessary in this case, it is open to the learned Judicial Magistrate to pass an order either for further investigation or for a transfer of investigation to some other investigating agency.

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5.With the above observations, this Criminal Original Petition is closed.

27.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No sji To 1.The Judicial Magistrate, Thirumangalam.

2.The Superintendent of Police, The Office of the Superintendent of Police, K.Pudur, Madurai District.

3.The Inspector of Police, Koodakovil Police Station, Madurai District. Inspector of Police, Srirangam Police Station, Trichy City, Trichy.

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

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B.PUGALENDHI , J.

sji 27.06.2024 4/4