Madras High Court
Abdul Ajees vs The Superintendent Of Police on 25 November, 2014
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2014 CORAM THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)NO.19788 of 2014 Abdul Ajees ... Petitioner Versus 1.The Superintendent of Police, Thanjavur District. 2.The Inspector of Police, Pattukkottai Police Station, Thanjavur District. ... Respondents PRAYER Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the first respondent to transfer the investigation in Crime No.340 of 2014 dated 02.09.2014 on the file of the second respondent police to some other impartial investigating agency. !For Petitioner :Mr.S.Deenadhayalan For Respondents :Mr.P.Kandasamy Govt Advocate (Crl. Side) :O R D E R
This petition is filed seeking a prayer to direct the first respondent to transfer the investigation in Crime No.340 of 2014 dated 02.09.2014 on the file of the second respondent police to some other impartial investigating agency.
2. When the matter is taken up for hearing, the petitioner submitted that there are seven accused involved in this case, but the F.I.R has been registered only against four accused alone.
3. The learned Government Advocate (Criminal side) submitted that on 02.09.2014, all the seven accused have been included and the offence under Section 307 has been incorporated, but Section 326 IPC has not been included.
4.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents.
5. Once the matter is taken up by the criminal Court, it is open to the Judicial Magistrate to decide the matter in accordance with Criminal Procedure Code. The petitioner need not apprehend that only four accused have been included and the other provisions of IPC have not been added. The provisions of Sections 326 and 219 IPC will be invoked by the appropriate Court as and when required. Now, all the seven accused have been arrayed as accused and the only grievance of the petitioner is that the provision of Section 326 IPC has not been included. Therefore, this Court is of the view that it will be decided by the appropriate Court at the appropriate time by taking note of Section 216 Cr.P.C.
6. With the above observations, the Criminal Original Petition is closed.
25.11.2014 Index : Yes / No Internet : Yes / No gsr TO
1.The Superintendent of Police, Thanjavur District.
2.The Inspector of Police, Pattukkottai Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.VAIDYANATHAN,J gsr Crl.O.P.(MD)NO.19788 of 2014 25.11.2014