M. Dhandapani, J. - (1.) The petitioner is the defacto complainant. Aggrieved by the cognizance taken by the learned Judicial Magistrate Court I, Villupuram in C.C.No.47 of 2012 based on the final report filed by the Law Enforcing Agency under section 173(2) of Cr.P.C., 1973 without furnishing the final report to the defacto complainant, the present petition is filed.
(2.) The case of the petitioner are as follows: On 26.03.2011 at 12.30 FN., the petitioner, his wife M. Jayanthi and his son M. Sathya Narayanan entered the District Collector Office for submitting his wife's nomination as an independent candidate for Tamil Nadu General Legislative Assembly Election 2011 at 78, Rishivanthiyam Assembly constituency before the Returning Officer. At that time, the previous elected member, one S.Sivaraj A3 and other persons joined together and attacked the petitioner, his wife and his son, thereby they sustained grievous injuries and were admitted at Mundiyampakkam Government Hospital. The wound Certificate was also issued. Thereafter, he lodged a complaint before the respondent police for taking appropriate action against the accused persons. However, the respondent police did not take any action. Therefore, was forced to file a Crl.O.P.No.8884/2011. Though the complaint was registered, however, the investigation was not conducted in a proper manner. Aggrieved by the same, he filed Crl.O.P.No.8884/2011 under Section 482 Cr.P.C,, 1973 as party-in-person before this Court to transfer the investigation in FIR No.169 of 2011 to the CBI. However, this Court, by an order dated 30.10.2017, the same was dismissed for non prosecution.
(3.) Thereafter, the Law Enforcing Agency conducted investigation and filed the final report under Section 173(2) Cr.P.C., 1973 implicating two persons A1 Kumar and A2 Vijayan without giving any notice to the petitioner and had not implicated the main accused persons who had actively participated in the offence and the trial Court also accepted the final report and issued process for trial. In view of the non furnishing of the final report to the petitioner, he is not able to file appropriate petition before the lower Court for implicating the other accused persons. Hence, the petitioner filed the present petition under section 482 of Cr.P.C., 1973 against the order dated 24.01.2012 in CC No.47/2012 on the file of Judicial Magistrate No.1 Villupuram for taking cognizance against the accused persons.;