Kalpana Devi, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9437 of 2016 Kalpana Devi ... Petitioner Vs.

The Inspector of police, All Women Police Station, Adyar, Chennai.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondent police to amend/alter the existing FIR.No.1 of 2016 by including the offence under Sections 493, 498-A, 378, 354 of IPC as per the petitioner's complaint dated 15.04.2016 made against her husband and his brother.

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

O R D E R

This petition has been filed to direct the respondent police to amend/alter the existing FIR.No. 1 of 2016 by including the offences under Sections 493, 498-A, 378, 354 of IPC as per the petitioner's complaint dated 15.04.2016 made against her husband and his brother.

2.The learned Additional Public Prosecutor submitted that the respondent police have completed the investigation in Crime No.1 of 2016 has also filed charge sheet in C.C.No.172 of 2017, before the learned Judicial Magistrate, Alandur and the case is in the stage of trial.

3.In view of the above, at this stage, the prayer sought for cannot be considered by this Court. However, the petitioner is at liberty to invoke the provisions under Section 319 Cr.P.C., before the trial Court, if any incriminating evidence found as against other parties, if so advised. https://hcservices.ecourts.gov.in/hcservices/

4.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The Inspector of police, All Women Police Station,Adyar, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Aravind, Advocate, S.R.No.23741 CRL.O.P.No.9437 of 2016 SAI(CO) RRS(10/05/2019) https://hcservices.ecourts.gov.in/hcservices/