Madras High Court
K.Iyyappan vs The Director General Of Police on 22 December, 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.12.2014 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.OP No.33064 of 2014 K.Iyyappan .. Petitioner Vs 1.The Director General of Police, Mylapore, Chennai 600 004. 2.The Commissioner of Police, Veppery, Chennai 600 007. 3.The Joint Commissioner of Police (North), Egmore, Chennai 600 008. 4.State by Inspector of Police (crime), B-1 North Beach Police Station, Chennai 600 001. 5.Ramesh Ganesh Iyer 6.Udhay Yeshwant Phadke 7.Manohar Gopal Bhide 8.Arnavaz Maneck Paridiwalla .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the fourth respondent police to conduct further investigation by including the respondents 5 to 8 as a accused in Crime No.l1145 of 2014. For Petitioner :Mr.L.Ramu For RR1 to 4 :Mr.M.Maharaja, Additional Public Prosecutor ORDER
The petitioner is the defacto complainant in Crime No.1145 of 2014 on the file of the fourth respondent for offence under Section 409 I.P.C. Now, the petitioner has come up with this petition seeking a direction to the respondent to include the respondents 5 to 8 as accused in this case.
2.This petition has come up today for admission. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 4 and I have also perused the records carefully.
3.In my considered opinion, issuing any such positive direction would tantamount to interference with the investigation, which this Court cannot do. Further, during the course of investigation, apart from the named accused persons in the F.I.R., if any evidence is collected showing the involvement of anybody else, certainly, they are also to be arrived at as accused by the Investigating Officer. In such view of the matter, no positive direction as sought for by the petitioner could be granted.
4.In the result, the Criminal Original Petition fails and accordingly, the same is dismissed.
22.12.2014 jbm To
1.The Director General of Police, Mylapore, Chennai 600 004.
2.The Commissioner of Police, Veppery, Chennai 600 007.
3.The Joint Commissioner of Police (North), Egmore, Chennai 600 008.
4.State by Inspector of Police (crime), B-1 North Beach Police Station, Chennai 600 001.
5.The Public Prosecutor, High Court, Madras.
S.NAGAMUTHU,J jbm Crl.OP No.33064 of 2014 22.12.2014