Bakkiyam v. The State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Bakkiyam ... Petitioner Vs.

The State rep. by its The Inspector of Police Marakkanam Police Station Villupuram District (Crime No.858 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., praying to issue direction, directing the respondent police to conduct further investigation and include all the offence committed by the accused as stated in the complaint and file final report within a stipulated period. For Petitioner : Mr.S.Seenuvasan For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioner seeking direction to the respondent police to conduct further investigation by including all the offences committed by the accused as stated in the complaint and to file final report within a stipulated period.

2. The case of the petitioner is that on 01.12.2024, one Arul Jothi and his associates, trespassed into her house and attacked her sons with knife and iron rod due to which, they sustained grievous injuries. Thereafter, based on the complaint given by the petitioner, the respondent police registered a case in Crime No.858 of 2024 against the accused persons for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS. The main grievance of the petitioner is that the respondent police failed to register the FIR for the offence under Section 307 IPC. Hence, the present petition is filed by the petitioner seeking direction to the respondent police to include all the 2/6

offences committed by the accused as stated in the complaint and to file final report within a time frame.

3. Heard both sides and perused the materials available on record.

4. It is settled proposition of law that FIR is not an Encyclopaedia. FIR is only First Information Report about a crime, based on which, the Investigating Agency would conduct investigation throughly and file charge sheet. If any ingredient for any other offence is made out and still the Investigating Officer has not filed the charge sheet with appropriate section of offence, then the complainant can approach the Court. Since because the FIR has not been registered as expected by the petitioner, she cannot simply apprehend that the police is acting against her. This Court cannot give any such direction to the police at the stage of investigation.

5. Accordingly, this Criminal Original Petition is dismissed.

6. Further, the respondent police is directed to conduct fair investigation and file charge sheet in accordance with law, within a period of three months 3/6

from the date of receipt of a copy of this order.

7. After the filing of the charge sheet and still the petitioner is aggrieved, she can approach the Court in the manner known to law and work out her remedy.

02.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Inspector of Police Marakkanam Police Station Villupuram District

2. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 02.06.2025 6/6