M GOPALAKRISHNAN Vs. SUPERINTENDENT OF POLICE, MADURAI DISTRICT

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their names.

(2.) The factual matrix of the case, as could be culled out from the available records, is as under:

(3.) Be that as it may, on 10.07.2016, around 11.30 a.m., Mr.Gopalakrishnan and his group brutally attacked one Mr.Pasumpon Muthuramalingam in connection with the dispute over a land between them, in which, Mr.Pasumpon Muthuramalingam suffered very serious injuries and was admitted to the Government Hospital, Melur, on 10.07.2016 at 12.30 noon. On intimation from the hospital, police went and recorded the statement of Mr.Pasumpon Muthuramalingam and based on the statement, registered a case in Crime No.238/2016 on 10.07.2016 under Sections 323, 324 and 506(ii) IPC. Sensing trouble, Mr.Gopalakrishnan admitted himself into the Apollo hospital on 11.07.2016 (next day) alleging that he was assaulted by some persons. His case was registered as medico legal case by the Apollo Hospital and the Accident Register shows that a laceration in the left ear and tenderness. Apart from this, there is no other injury noted in the Accident Register. Since Mr.Pasumpon Muthuramalingam suffered very serious injuries including loss of four teeth and right arm fracture, the case was altered into one under Section 307 IPC and subsequently, Section 326 IPC was added by the police. Mr.Gopalakrishnan was arrested by the police on 22.07.2016 and was released on bail on 17.08.2016. Mr.Gopalakrishnan submitted a memorial to the Superintendent of Police stating that he was actually attacked by Mr.Pasumpon Muthuramalingam and that the police did not take any action on his complaint and therefore, he requested the Superintendent of Police to direct the Station House Officer to take action on his complaint. The Superintendent of Police by order dated 29.08.2016 referred the representation of Mr.Gopalakrishnan to the Inspector of Police with a direction to follow the law laid down in Lalitha Kumari vs. Govt. of U.P & others,2013 4 Crimes(HC) 243 (SC).