Madras High CourtCRL OP/4386/2024disposed of

Ezhumalan v. State Rep By

2024-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ezhumalai ... Petitioner Vs.

1.State Rep. by The Superintendent of Police, District Police Office, Kallakurichi District.

2.The Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

Crime No.81 of 2024 ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to issue direction to the second respondent to conduct further investigation and include offence committed under Section 307 IPC and alter the FIR in Cr.No.81 of 2024 on the file of the second respondent Police. For Petitioner : Mr.M.K.Bhoopathy Rajan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to issue 1/4

direction to the second respondent to conduct further investigation and include offence committed under Section 307 IPC and alter the FIR in Cr.No.81 of 2024 on the file of the second respondent Police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents. 3.The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 05.02.2024 for offence under Sections 147, 148, 294(b), 341, 323, 324, 506(2) of 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.

4.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. 2/4

5. This criminal original petition is disposed of accordingly. 26.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Superintendent of Police, District Police Office, Kallakurichi District.

2.The Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

Crime No.81 of 2024 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

3/4

N.ANAND VENKATESH,J.

pri 26.02.2024 4/4