Madras High Court
Dr.S.Palanivel vs The Superintendent Of Police on 5 February, 2021
Crl. OP No.1866 of 2021
and Crl. MP. No.1063 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.1866 of 2021
and Crl. MP. No.1063 of 2021
Dr.S.Palanivel, B.H.M.S., M.D.,
Jeeva Mahesh Homeo Clinic
Shop No.7, Municipality Shopping Complex,
Daily Vegetable Market,
Old Bus Stand, Perambalur ... Petitioner
vs.
1. The Superintendent of Police,
Perambalur.
2. The State Rep. By
The Inspector of Police,
Perambalur,
(Cr. No.705/2019)
3. N.Valayabathy ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the second respondent police to conduct
further investigation and file an additional charge sheet in C.C.90 of 2020
1/5
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1866 of 2021
and Crl. MP. No.1063 of 2021
on the file of Judicial Magistrate-1, Perambalur in related to Crime
No.705/2019 on the file of 2nd respondent police on the basis of materials
and CCTV Camera footage submitted by the petitioner.
For Petitioner : Ms.Usha Ramman
For Respondent : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
ORDER
This petition has been filed seeking for a direction to the second
respondent to conduct further investigation and file additional Report before
the Court in CC. No.90 of 2020.
2. Heard Ms.Usha Ramman, learned counsel appearing for the
petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor,
appearing for the respondents 1 & 2.
3. The grievance of the petitioner is that the investigation officer did
not take into consideration certain vital materials and the CCTV Camera
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1866 of 2021
and Crl. MP. No.1063 of 2021
footage submitted by the petitioner and as a result of the same, there is a
defective final report filed before the Court below. Hence the petitioner is
seeking for a further investigation by the second respondent in order to take
into consideration, the materials that are supplied by the petitioner and
thereafter file an additional report.
4. In the considered view of this Court, pursuant to the judgment of
the Hon’ble Supreme Court in Vinubhai Haribhai Malaviya v. State of
Gujarat, reported in 2019 (3) Mad LW Crl. 349, the Court below has the
power to pass orders for further investigation even after taking cognizance
of the Final Report, till the commencement of the trial.
5. In view of the above, liberty is granted to the petitioner to move an
appropriate application before the Court below seeking for further
investigation and the Court below shall consider the same on its own merits
and in accordance with law.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1866 of 2021
and Crl. MP. No.1063 of 2021
6. This Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
05.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Superintendent of Police,
Perambalur.
2. The Inspector of Police,
Perambalur,
(Cr. No.705/2019)
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1866 of 2021
and Crl. MP. No.1063 of 2021
N. ANAND VENKATESH, J.
jv
Crl.O.P No.1866 of 2021
and Crl. MP. No.1063 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
