Madras High CourtCRL OP/10400/2015closed

Mr.N.Rajasekaran v. The State Of Tamil Nadu

2015-04-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10400 of 2015 N.RAJASEKARAN PETITIONER/DEFACTO COMPLAINANT Vs 1 THE STATE OF TAMIL NADU REP. BY THE ASSISTANT COMMISSIONER OF POLICE J-3 GUINDY CIRCLE GUINDY CHENNAI - 32 2 THE COMMISSIONER OF POLICE GREATER CHENNAI VEPERY CHENNAI - 7 3 THE DEPUTY COMMISSIONER OF POLICE ADYAR POLICE DISTRICT ADYAR CHENNAI - 20 4 THE REVENUE DIVISIONAL OFFICER CHENNAI DISTRICT FOURTH FLOOR SINGARAVELAR MALIGAI RAJAJI SALAI CHENNAI - 1 5 MR.B.RAJESH 6 MR.S.BOSE 7 MRS.B.RAJAMMAL 8 MRS.GEETHA MALAR [RESPONDENTS] Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent herein to alter the First Information Report in FIR No.895/15 dated 12.03.2015 under section 174(iii) of Cr.P.C.

register by the J-3 Guindy Police Station Chennai 600 032 to Sections 302 304-B 120-B 201 & 498-A of Indian Penal Code and Section 4 of Dowry Prohibition Act against the respondents 5 to 8 herein and investigate the entire matter according to law For Petitioner :Mr.G.Sugadev Rajaguru For Respondents :Mr.C.Emalias, Additional Public Prosecutor (R1-4) https://hcservices.ecourts.gov.

ORDER

This Criminal Original Petition is filed to direct the first respondent to alter the First Information Report in FIR No.895/15 dated 12.03.2015 under section 174(iii) of Cr.P.C. registered by the J-3 Guindy Police Station, Chennai 600 032, to Sections 302, 304-B , 120-B, 201 & 498-A of Indian Penal Code and Section 4 of Dowry Prohibition Act against the respondents 5 to 8 herein and investigate the entire matter according to law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 4.

3. It is represented by the learned Additional Public Prosecutor that the report of the Revenue Divisional Officer is still awaited.

4. Since the incident has taken place only on 12.03.2015, the respondent police should also get the Serological report from the Forensic Science Department and only thereafter, the FIR could be altered based on the evidence collected by the police. Hence this Criminal Original Petition is pre-mature to be entertained and the same is closed with liberty to the petitioner to take steps in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To 1 THE ASSISTANT COMMISSIONER OF POLICE J-3 GUINDY CIRCLE GUINDY CHENNAI - 32 2 THE COMMISSIONER OF POLICE GREATER CHENNAI VEPERY CHENNAI - 7 3 THE DEPUTY COMMISSIONER OF POLICE ADYAR POLICE DISTRICT ADYAR CHENNAI - 20 4 THE REVENUE DIVISIONAL OFFICER CHENNAI DISTRICT FOURTH FLOOR SINGARAVELAR MALIGAI RAJAJI SALAI CHENNAI - 1

5. THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. + 1 cc to Mr.G. Sugadev Rajaguru, Advocate SR.22126 GR(CO) EU 18.05.2015 https://hcservices.ecourts.gov.in/hcservices/ Crl.OP No.10400 of 2015