Madras High CourtCRL OP/2650/2021disposed of

Chanda v. State Rep.By

2021-02-15Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.2650 of 2021 Chanda .. Petitioner vs.

State rep.by The Inspector of Police, RK Nagar Police Station, Washermenpet, Chennai.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to alter the offence under Section 294(b), 323 IPC and to include U/s.326, 307 and 506(ii) IPC in the above Cr.No.3771 of 2020 and file a fresh FIR.

For Petitioner : Mr.P.R.Krishnaraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to direct the 1st respondent to alter the FIR in Crime No.3771 of 2020, under Section 294(b) and 323 IPC by including the Sections 326, 307 and 506(ii) IPC. 2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 28.12.2020 for an offence under Section 294(b) and 323 IPC The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offenses will be altered accordingly and those involved in the crime will be shown as accused persons.

3. In view of the above submission, there shall be a direction to the respondent Police to continue with the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by adding the necessary offences made out. All those persons against whom the offences are made out, shall be added as accused persons in the final report. https://hcservices.ecourts.gov.in/hcservices/

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, RK Nagar Police Station, Washermenpet, Chennai.

2.The Public Prosecutor, Chennai.

+1cc to Mr.C.Moorthy , Advocate SR.No. 8745 Crl.O.P No.2650 of 2021 A.SK(10.03.2021) https://hcservices.ecourts.gov.in/hcservices/