1 Special Criminal Application No.1713 of 2011 is filed by the petitioner seeking a direction to the respondents-authorities to add Sections 307, 326 and 394 of the Indian Penal Code, in as much as, in the backdrop of nature of injuries inflicted upon the vital parts of the body of the petitioner, registration of the offences under the above sections would be very much important.
Special Criminal Application No.2182 of 2011 is filed by the petitioner seeking a direction to the respondents-authorities to register cognizable complaint against respondent No.3 and arrest respondent No.3 and his other two accomplishes.
3 Learned counsel for the petitioner would submit that, initially, the Investigation Officer has registered offences punishable under Sections 326, 323, 324, 504 and 114 of the Indian Penal Code, but, later on, submitted an application before the competent court that no case was made out under section 326 of the Indian Penal Code and it is to be treated accordingly. While submitting such application, the Investigating Officer has relied upon the medical certificate and the opinion given thereon.
4 On perusal of the injury certificate, it reveals the following injuries. In the backdrop of assault by iron-rod, the main injury over scalp is about 4 cm long x 2.0 cm wide x 1 cm deep and there are no internal injuries. Other injuries are CLW over front region 3 cm x 2 cm x 1 cm and CLW 1 cm x 1.5 cm and 1 cm and contusion. In the backdrop of allegation of scuffling and the root cause for the alleged incident, the action of the Investigating Officer of deletion of even Section 326 of the Indian Penal Code cannot be faulted with. No case is made out to exercise power under Article 226 of the Indian Penal Code to grant relief as prayed for in Special Criminal Application No.1713 of 2011.
5 Further, no direction as prayed for in Special Criminal Application No.2182 of 2011 can be given.
6 Both petitions are rejected. Notice is discharged.
(ANANT S. DAVE, J.) (swamy) Top