Motcharakkini v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4022 of 2024 Motcharakkini Petitioner vs.

1.State rep. By The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

2.The Superintendent of Police, Kallakurichi District.

3.The Director General of Police, Mylapore, Chennai - 4.

4.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to alter the FIR to add the real culprits Murugan @ Velmurugan, Son of Velayutham, President of Orathur Panchayat and Settu, Son of Kathan in Crime No.655/2023, Thirunavalur Police Station, Kallakurichi District as

accused on considering the petitioner's representation on 07.10.2023.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to the respondent police to alter the FIR and for adding those persons who are involved in the crime as accused persons. 2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 05.10.2023 for an offence under Sections 294(b), 323, 324 and 506(2) of IPC. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offences 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.

4. This Criminal Original Petition is disposed of accordingly. 22.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To 1.The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

2.The Superintendent of Police, Kallakurichi District.

3.The Director General of Police, Mylapore, Chennai - 4.

4.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

5.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

rka Crl.O.P No.4022 of 2024 22.02.2024