D.Kuppammal v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1660 of 2019 D.Kuppammal ... Petitioner Vs.

State rep. By its Inspector of Police, H-5, New Washermanpet Police Station, Chennai-81.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to direct the respondent police to alter the FIR in Crime No.1042 of 2018 pending on the file of the respondent police dated 05.12.2018.

For Petitioner : Mr.D.Nandagopal For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to alter the FIR on the ground that the offence under Sections 307 and 452 of Criminal Procedure Code, has not been added in the FIR and the names of many of the accused persons have not been included in the list of accused.

2. The learned counsel for the petitioner submitted that from the allegations made in the complaint and from the materials available, an offence under Section 307 and 452 of Criminal Procedure Code, is clearly made out and the respondent police has intentionally added only some of the accused persons by leaving out the names of the other accused persons.

3. The learned Additional Public Prosecutor submitted that the case is in the stage of investigation and appropriate decision will be taken by the Investigating Officer in the course of the investigation, based on the materials collected during investigation.

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4. In view of the above, this criminal original petition stands disposed of, with a direction to the respondent police to continue with the investigation and take appropriate decision with regard to adding the offence and adding the accused persons, based on the materials collected during investigation. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar nmm/dss To

1. The Inspector of Police, H-5, New Washermanpet Police Station, Chennai-81.

2. The Public Prosecutor, Madras High Court, Chennai.

+1 cc to Mr.D.Nandagopal, Advocate, S.R.No.5416 Crl.O.P.No.1660 of 2019 SSM(18/02/2019) https://hcservices.ecourts.gov.in/hcservices/