Madras High CourtCRL OP(MD)/21924/2022disposed of

A.Johnson P.Rayen v. The Superintendent Of Police

2022-12-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.A.Johnson P.Rayen 2.Sagaya Ananthi Vinnarasi ... Petitioners Vs.

1.The Superintendent of Police, Tuticorin District.

2.The Sub-Inspector of Police, Thermal Nagar Police Station, Tuticorin District.

(Crime No.79 of 2022) 3.S.Vijayakumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to conduct further investigation in Crime No.79 of 2022 on the file of the Sub-Inspector of Police, Thermal Nagar Police Station, Tuticorin District based on the representation dated 23.11.2022 of the petitioners and to file alter FIR on the finding of the investigation.

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For Petitioners : Mr.S.Siva Thilakar For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents police to conduct further investigation in Crime No.79 of 2022 on the file of the second respondent based on the representation dated 23.11.2022 of the petitioners and to file alter FIR on the finding of the investigation.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that originally the case was registered for the offences under Sections 279 and 337 IPC and after initial investigation, the case was altered into for the offences under Sections 279 and 338 IPC and the alteration report dated 02.12.2022 was filed before the jurisdictional Court and that investigation is pending. 2/4

3. Since investigation is pending, the question of directing the respondents police for further investigation does not arise.

4. Recording the submission made by the learned Government Advocate (Criminal Side) that investigation is pending, this Criminal Original Petition stands dismissed.

13.12.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Tuticorin District.

2.The Sub-Inspector of Police, Thermal Nagar Police Station, Tuticorin District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 13.12.2022 4/4