SARAVANAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order in Crl.M.P.No.1896 of 2022 in S.C.No.14 of 2022, dated on 5/1/2023, on the file of the Principal District and Sessions Judge, Thiruvarur and to allow this petition.

(2.) The learned counsel for the petitioners submitted that the petitioners filed Crl.M.P.No.1896 of 2022 in S.C.No.14 of 2022 under Sec. 91 (1) Cr.P.C., to submit the General Diary of Vaipoor police station for the year 2021 from January 1st to 31st day through one of the Investigation Officer Mr.Ramesh, Inspector of Police or Mr.Karunanithi, Inspector of Police.

(3.) It is the submission of the learned counsel for the petitioners that on 23/1/2021, one Vishnupriya preferred a complaint stating that her husband Maharajan was murdered in Pallivaramangalam. Based on the complaint, FIR in crime No.84 of 2021 was registered at about 2.00 a.m. on 24/1/2021. On the same date, another FIR came to be registered based on the complaint given by the Sub Inspector of of Police, Mr.Krishnakumar and that was destroyed on the basis of the advice given by the District Superintendent of Police, Thiruvarur. When PW18 was questioned about this, he denied. He deposed that the duty particulars of Sub Inspector of Police Mr.Krishnakumar on 23/1/2021 and 24/1/2021 were mentioned in the General Diary. Another reason why the Case Diary particulars are required is that in the accident register, it was mentioned that the body of the deceased Maharajan was brought to the hospital by the Sub Inspector of Police Mr.Krishnakumar of Vaipoor police station at about 10 p.m. on 23/1/2021. In the accident register, it was referred as Crime No.84 of 2021 under Sec. 302 IPC. It is obvious from the accident register that FIR was registered on the night of 23/1/2021 in Crime No.84 of 2021 for the offence under Sec. 302 IPC. But, the prosecution case now is that FIR in Crime No.84 of 2021 was registered on 24/1/2021 on the basis of the complaint given by Vishnupriya. There is a striking contradiction in the accident register and the FIR as to the date, time of registration of FIR and on whose complaint FIR was registered. This crucial aspect can be elicited only if General Diary is summoned. The Sub Inspector of Police Mr.Krishnakumar is not shown as witness. In the said circumstances, it is necessary for the accused to summon the General Diary aforesaid.