Milton vs The Superintendent Of Police
2022 Latest Caselaw 15267 Mad

                                                                    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



                     1/4



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

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

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

https://www.mhc.tn.gov.in/judis