V.Vijayalakshmi v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Vijayalakshmi

...Petitioner

Vs 1.The Assistant Commissioner of Police O/o.the Assistant Commissioner of Police No.4525, Mahavir Garden Road, Shanthi Nagar Ksr Nagar, Ambattur, Chennai - 53.

2.The State rep. by The Inspector of Police All Women Police Station Ambattur, Chennai -53.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the 1st respondent conduct the fair investigation and consequently, direct the 2nd respondent to alter the FIR in Crime No.02 of 2024 dated 18.01.2024, offences u/s.417, 420 and 406 IPC, by including offences u/s.376(2)(n), 493 IPC r/w Section 3(i)(w)(ii) and 3(2)(va) the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

For Petitioner : Mr.D.Revathi Karthick 1/4

For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original petition has been filed seeking for a direction to the respondent police to alter the offences in the first information report in Crime No.02 of 2024 dated 18.01.2024, offences u/s.417, 420 and 406 IPC, by including offences u/s.376(2)(n), 493 IPC r/w Section 3(i)(w)(ii) and 3(2)(va) the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2.

The learned Additional Public Prosecutor, on instructions, would submit that the first information report was registered only on 18.01.2024 for the offences under Sections 417, 420, 406 of the Indian Penal Code, that the investigation is in progress and that if, in the course of investigation, the respondent police collects sufficient materials, the offenses will be altered accordingly.

3.

In view of the above submissions, there shall be a direction to 2/4

the respondent to continue with the investigation effectively and based on the materials collected during the course of investigation, either alter the first information report or file the final report by adding the necessary offences made out.

4.

This Criminal Original Petition is disposed of accordingly. 09.02.2024 Index : Yes/No Speaking order:Yes/No rka To 1.The Assistant Commissioner of Police O/o.the Assistant Commissioner of Police No.4525, Mahavir Garden Road, Shanthi Nagar Ksr Nagar, Ambattur, Chennai - 53.

2.The State rep. by The Inspector of Police All Women Police Station Ambattur, Chennai -53.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J rka 09.02.2024 4/4