Madras High CourtCRL OP(MD)/21639/2024disposed of

S.Ganesan v. The State Of Tamil Nadu,

2024-12-10Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR S.Ganesan .. Petitioner Vs.

1. The Superintendent of Police Dindigul District Dindigul

2. The Deputy Superintendent of Police Nilakottai Sub Division Dindigul District

3. The Inspector of Police Viraveedu Police Station Dindigul District

4. Sivamani

5. Anitha .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 to 3 to investigate in the proper manner in the crime No. 130 of 2024 on the file of the third respondent on the basis of the petitioner's representation dated 16.11.2024. For Petitioner : Mr.V.Vijayasethupathy For Respondents : Mr.A.Thiruvadi Kumar No.1& 2 Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to investigate in the case in the crime No. 130 of 2024 on the file of the third respondent on the basis of the petitioner's representation dated 16.11.2024.

2. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that in this case investigation has been completed and the final report has been filed before the learned Judicial Magistrate, Nilakottai and the same was taken cognizance in STC No.571 of 2024 and the case stands posted to 05.02.2025 for appearance of the accused.

3. The learned counsel appearing for the petitioner submitted that in this case the petitioner sustained severe injuries but the respondent police has filed final report for the lesser offence only.

4. In view of the same, the petitioner can very well approach the trial Court and file a protest petition before the trial Court and on filing such petition the trial Court is directed to consider the same and pass orders on its own merits.

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5. With the above direction, this Criminal Original Petition stands allowed.

10.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To 1.The Judicial Magistrate, Nilakottai

2. The Superintendent of Police Dindigul District Dindigul

3. The Deputy Superintendent of Police Nilakottai Sub Division Dindigul District

4. The Inspector of Police Viraveedu Police Station Dindigul District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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