High CourtsSingle Bench(2004) 11 MAD CK 0111

R. Britto Anand alias Bharat Anand vs State by The Inspector of Police

Madras High Court · Decided on 16 November 2004

HON’BLE JUDGES
V. Kanagaraj, J
CASE NUMBER
Criminal O.P. No. 34785 of 2004

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Judgment

7 paragraphs · 288 words

V. Kanagaraj, J.—The above Criminal Original Petition has been filed on the part of the petitioners, praying to direct the respondent to register the criminal case against the said accused persons namely Kannan, Sridhar, Viji and two others u/s 307 I.P.C. and further to include the petitioner''s name as one of the victims of the criminal acts committed by the said accused and to take further action according to law.

2.

Heard both.

3.

On the part of the learned Government Advocate on the criminal side, he would come forward and submit that a case has been already registered originally u/s 341, 323 IPC and subsequently it was altered into Sections 342, 323 and 326 IPC.

4.

In consideration of the facts pleaded and on perusing the materials placed on record and upon hearing the learned counsel for both, this Court is of the view that since convincing reasons are assigned on the part of the learned Government Advocate on the criminal Side to the effect that after registering the case under the proper provisions of law, the only direction that needs to be issued in the context of the above criminal original petition is to recognise the petitioner also as co-complainant, that is, taking the statement of the petitioner and examining him as a witness to the occurrence which is only feasible in a already registered case and therefore, such a direction is issued to the respondent to take stock of the case of the complainant also during the course of investigation and since the matter is under investigation, and with such direction, the above criminal original petition is ordered.

In result,

(i) subject to the above direction, this criminal original petition is disposed of.

No costs.