← Library
Madras High CourtCRL OP/19397/2016closed

Bhuvaneshwari F/A 20 Years v. The Inspector Of Police

2016-09-02Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19397 of 2016 Bhuvaneshwari ....

Petitioner Vs State rep by :- The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

(Crime No.213 of 2016) ....

Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to alter the F.I.R. with regard to include an offence under section 326A of IPC in Crime No.213 of 2016 on the file of the respondent police.

For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to alter the F.I.R. with regard to inclusion of an offence under section 326-A of IPC in Crime No.213 of 2016 on the file of the respondent police.

2. It is the case of the petitioner that when she was sleeping in her house, someone threw a substance on her, which created a burning sensation and when she woke up, the said person ran away.

3. On the complaint given by the petitioner, the respondent police registered a case in Crime No.213/2016, dated 13.07.2016 under sections 307 IPC and 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and arrested one accused viz., K.Vediyappan, on 14.07.2016 and produced him before the Judicial Magistrate, Krishnagiri and he was remanded to judicial custody.

4. It is the grievance of the petitioner that the police have not included Section 326-A I.P.C. in the FIR, even though the substance thrown on the petitioner is acid.

5. Under such circumstances, this Court directs the respondent police to get medical opinion and forensic opinion and if it is found that acid has been thrown, it is needless to state that 326(A) IPC has to be included in the final report.

With the above directions, the criminal original petition is closed.

02.09.2016 vsi2/sms To

1. The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras - 104.

P.N. PRAKASH, J.

vsi2/sms Crl.OP No.19397 of 2016 02.09.2016