Madras High CourtCRL OP(MD)/18223/2018disposed of

S. Veluchamy v. The Superintendent Of Police

2018-10-11Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.18223 of 2018 S.Veluchamy .. Petitioner/Victim -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

3.P.Ganesan .. Respondents/Complainants Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent herein to transfer the investigation in crime No.167 of 2018 on the file of the 2nd respondent office to day of the agencies under the control of the 1st respondent.

For Petitioner : Mr.A.Ananda Raj For Respondent : M/s.S.Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal original Petition has been filed seeking for transfer of investigation in Crime No.167 of 2018, pending on the file of the second respondent.

2.The learned counsel for the petitioner would submit that the respondent police have registered an F.I.R for the offences under Sections 279 and 337 of IPC. The learned counsel for the petitioner would further submit that the entire incident was clearly an attempt to murder the petitioner. Therefore, according to the learned counsel for the petitioner, the respondent police ought to have added Section 307 of IPC in the First Information Report. 3.The learned Government Advocate (Crl. Side) would submit that the F.I.R was registered based on the complaint that was given by the petitioner. The case is still under investigation and the respondent police is recording the statements from the witnesses. If ultimately, the respondent police find that there was an attempt made against the life of the petitioner, the respondent police will add the appropriate provision at the time of filing final report. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above, there shall be a direction to the second respondent to investigate the case effectively and to add the appropriate provisions, on the basis of the materials collected during the investigation, at the time of filing the final report. 5.Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/ Assistant Registrar (Crl Side) /True copy/ Sub Assistant Registrar (CS-I) To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

+1cc to Mr.A.ANANDARAJ, Advocate, SR.No.90294 CRL.O.P.(MD)No.18223 of 2018 11.10.2018 TM KK/SV/SAR-1/01.11.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/