Madras High CourtCRL OP/2811/2019disposed of

S.Nathiya v. State Rep. By

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2811 of 2019 S.Nathiya ... Petitioner Vs.

State represented by Inspector of Police, AWPS-Gobi Erode District, in crime No.3/2019 ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to alter the penal provision of Section 493 of IPC in the information report registered in Crime No.3 of 2019, pending on the file of respondent and consequently direct the respondent to secure the accused. For Petitioner : Mr.Gomathi Nayagam Senior Counsel for Mr.G.Peranban For R1 to R3 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition has been filed seeking to alter the FIR and add the offence under Section 493 of IPC.

2.Mr.Gomathinayagam, learned Senior Counsel appearing for the petitioner submitted that the allegations that have been made in the complaint clearly makes out a case for an offence under Section 493 of IPC. However, the respondent Police have proceeded to register the FIR only for offence under Sections 417 and 506(i) of IPC. Therefore, the present petition has been filed seeking for alternation of the FIR by adding the appropriate offence.

3.The learned Additional Public Prosecutor submitted that the case is under investigation and based on the materials collected in the course of investigation, the respondent Police https://hcservices.ecourts.gov.in/hcservices/

will take an appropriate decision with regard to the alteration of the FIR.

4.In the facts and circumstances of the case, the respondent Police shall proceed further with the investigation and if based on the materials collected during the course of investigation, a case is be made out for an offence under Section 493 of IPC, the same may be added by altering the FIR or at the time of filing the final report.

5.This Criminal Original Petition is disposed of with the above direction.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar kal/vsn To 1.The Inspector of Police, AWPS-Gobi, Erode District, (crime No.3/2019) 2.The Public Prosecutor, High Court of Madras, Chennai.

+1 CC to Mr.G.Peranban, Advocate sr 8721.

Crl.O.P.No.2811 of 2019 SP(18/02/2019) https://hcservices.ecourts.gov.in/hcservices/