Crl.O.P.(MD)No.17710 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD)No.17710 of 2017
and
Crl.M.P(MD).No.2857 of 2018
Milton : Petitioner
Vs.
1.The Superintendent of Police,
Kanyakumari District,
at Nagercoil.
2.The Inspector of Police,
Kulasekharam Police Station,
Kulasekharam,
Kanyakumari District. : Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent to
register FIR for the complaint given by the petitioner on
14.11.2017.
For Petitioner : Mr.G.Cenil
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public PRosecutor
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17710 of 2017
ORDER
This petition was filed for a direction to the respondent Police to register an FIR based on the complaint given by the petitioner on 14.11.2017.
2.In view of the order passed by this Court in Crl.O.P(MD).No.
3407 of 2018, no further orders can be passed in the criminal original petition.
3.The learned counsel appearing on behalf of the petitioner submitted that the allegations made in the complaint clearly makes out an offence of murder and inspite of the same, the respondent Police refused to even register an FIR in this case.
4.In the considered view of this Court, with respect to the demise of one Jabamani, already a criminal case is now at the stage of trial before the Additional Sessions Judge, Padbanabhapuram, for the offence 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17710 of 2017 under Section 306 of IPC. The Court has very wide powers to consider the evidence that is collected during the course of trial and alter the charges at any stage before pronouncing the judgment. Therefore, it will be left open to the trial Court to consider the material collected during the trial and take a decision in accordance with law. Except giving this clarity, no further orders can be passed in the criminal original petition.
5.This Criminal Original Petition is disposed of accordingly.
Consequently, connected Miscellaneous Petition is closed.
13.09.2022 (2/2) Index:Yes/No Internet: Yes/No Rmk 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.17710 of 2017 N.ANAND VENKATESH, J., Rmk To
1.The Superintendent of Police, Kanyakumari District, at Nagercoil.
2.The Inspector of Police, Kulasekharam Police Station, Kulasekharam, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.17710 of 2017 13.09.2022 4/4 https://www.mhc.tn.gov.in/judis