S SIVA Vs. STATE

JUDGEMENT

(1.) The petitioner is the de facto complainant in the case in Crime No.19 of 2012 on the file of V-6, Kolathur Police Station. The said case was initially registered for the alleged offences under Sections 341 and 302 of IPC and later on, altered into one under Section 341, 302 r/w 120-B and finally, final report was laid for alleged offences under Sections 120-B, 150, 147, 148, 341 and 302 r/w 149 of IPC. On the final report submitted by the investigating officer, the learned V Metropolitan Magistrate, Egmore, Chennai, has taken cognizance of the offence in PRC No.131 of 2012. The respondents 2 to 11 are the accused [A1 to A10] as per the final report. Now, the petitioner has come up with this petition seeking a direction for further investigation of the case.

(2.) I have heard the learned counsel for the petitioner and the learned State Public Prosecutor Mr.Shanmughavelayudham appearing for the State. No notice is ordered to the respondents 2 to 11 as this order would not be in any manner prejudice to them.

(3.) The facts of the case would be as follows:- The petitioner is the resident of Kamarajar Street, Gandhi Nagar, II Street, Vasantham Nagar, Kolathur, Chennai. He had two sons by name Maheswaran and Bhuvaneshwaran. His wife is one Mrs.Amsarani. On 10.01.2012 at about 12.15 p.m., Mr.Bhuvaneshwaran was returning from a local school taking his brother's daughter by name Rudhra, aged about 3 years. When he was returning in a motor cycle from the school, four persons waylaid him and attacked him indiscriminately with deadly weapons. On hearing about the occurrence, the de facto complainant along with his son - Maheswaran and wife - Amsarani rushed to the place of occurrence where he found his son - Bhuvaneshwaran lying in a pool of blood with injuries all over his body. His son - Bhuvaneshwaran was, in fact, struggling for life. His son - Maheswaran rushed the deceased - Bhuvaneshwaran in an auto to a hospital. The Doctor, on examining him, found him already dead. Thereafter, the petitioner rushed to the respondent police and preferred the complaint at 12.45 p.m. on the same day. One Shri. Suresh Kumar, the then Inspector of Police of V6 Kolathur Police Station registered a case in Crime NO.19 of 2012 under Section 341 and 302 of IPC. In the said complaint, the petitioner had stated that when he along with his son - Maheswaran and his wife - Amsarani reached the place of occurrence, he found four persons rushing from the place of occurrence armed with knives. He further stated that one former MLA by name Shri.Ranganathan had instigated his hooligans to commit murder of his son - Bhuvaneswaran due to previous motive on account of a property dispute. The case was registered against the former MLA Shri.Ranganathan and few others.