← Library
Madras High CourtCRL OP/5976/2021allowed

Kannan v. The Superintendent Of Police

2021-03-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5976 of 2021 Kannan Petitioner vs.

1. The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, Thirunavallur Women Police Station Kallakurichi District.

(Crime No.118 of 2021) Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to conduct investigation and include appropriate provisions of Schedule castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in Crime No.118 of 2021 pending on the file of the 2nd respondent.

For Petitioner : Mr.R.Thirumoorthy For Respondents: Mr.M.Mohamed Riyaz 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 15.02.2021 for an offence under Sections 147, 148, 294(b), 153, 295, 427, 109 and 506(i) 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.

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 https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar ssr To

1. The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, Thirunavallur Women Police Station Kallakurichi District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No. 19982 Crl.O.P No.5976 of 2021 CP(CO) GN(29/06/2021) https://hcservices.ecourts.gov.in/hcservices/