M.Krishnamurthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Krishnamurthy ... Petitioner Vs

1. The District Collector, Office of the District Collector, Trichy District.

2. The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3. The Inspector of Police, Somarasampettai Police Station, Trichy District.

... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents 2 and 3 to take further course of action the case in Crime No. 8/2023 by altering the offence suitably and conduct an impartial 1/5

investigation and file a final report before the concerned court on the basis of the petitioner representation dated 02.09.2023. For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.S.Ravi (R2, 3) Additional Public Prosecutor Mr.Muthumanickam (R1) Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seek for a writ of mandamus directing the respondents 2 and 3 to take further course of action in Cr.No.8 of 2023 by altering the offence suitably and to conduct an impartial investigation.

2.In the instant case, the FIR was registered under Section 174 of Cr.P.C and thereafter, there was no progress in the investigation. Hence, this petition has been filed before this Court.

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 2 and 3 2/5

submitted that the alteration report has been filed before the learned Judicial Magistrate No.V, Trichy and the offence has been altered under Section 304(2) IPC. The learned Additional Public Prosecutor further submitted that the investigation has been completed and the accused persons have been identified and named. The respondent Police will file the final report before the concerned Court.

4.In the light of the above submission, this petition stands disposed of and a direction is given to the respondent Police to file a final report before the concerned Court within a period of four weeks from the date of receipt of copy of this order.

28.11.2024 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5

To

1. The District Collector, Office of the District Collector, Trichy District.

2. The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

3. The Inspector of Police, Somarasampettai Police Station, Trichy District.

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

4/5

N.ANAND VENKATESH, J.

PNM ORDER IN 28.11.2024 5/5