Madras High CourtCRL OP/5435/2024disposed of

C.Viswanathan v. Superintendent Of Police

2024-03-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Viswanathan, S/o.Chinnagounder ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Perundurai, Erode District.

3. The Inspector of Police, Perundurai Police Station, Erode District.

Crime No.87 of 2024.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents herein to alter the FIR in Crime No.87 of 2024 for offences under Section 294(b) and 323 of IPC and include offences under Section 333, 353 and 506 (I) of IPC to file a final report.

For Petitioner : Mr.M.Guruprasad For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents herein to alter the FIR in Crime No.87 of 2024 for offences under Section 294(b) and 323 of IPC and include offences under Section 333, 353 and 506 (I) of IPC to file a final report.

2. Learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 03.02.2024 for offences under Sections 294(b) and 323 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. 2/4

This Criminal Original Petition is disposed of accordingly. 06.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To

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

2. The Deputy Superintendent of Police, Perundurai, Erode District.

3. The Inspector of Police, Perundurai Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

gm 06.03.2024 4/4