Madras High CourtCRL OP/5543/2020disposed of

Karuppan v. The Inspector Of Police

2020-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5543 of 2020 Mr.Karuppan .. Petitioner /Defacto Complainant /versus/ The Inspector of Police, Kachirapalayam Police Station, Villupuram District.

(Crime no.26 of 2020) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to alter the provision as 264(b), 307, 506(ii) of Indian Penal Code instead of 294(b), 352, 324, 506(ii) of IPC in Crime No.26 of 2020 registered by Kachirapalayam Police Station, Villupuram District.

For Petitioner : Mr.M.Mohamed Saifulla For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to alter the provision as 264(b), 307, 506(ii) of Indian Penal Code instead of 294(b), 352, 324, 506(ii) of IPC in Crime No.26 of 2020 registered by Kachirapalayam Police Station, Villupuram District.

2.The learned counsel appearing for the petitioner submitted that on the complaint lodged by the petitioner, the respondent has registered a case in Crime No.26 of 2020 for the offence under Sections 294(b), 352, 324, 506(ii) of IPC. Now the petitioner has come before this Court to alter the offence under Sections 264(b), 307, 506(ii) of IPC instead of the offence under Sections 294(b), 352, 324 and 506(ii) of IPC.

3. Considering the facts and circumstances of the case, this Court is of the view that during the investigation, if there is any material to attract the offence under Section 307 of IPC as against the accused person, the respondent police is directed to alter the First Information Report in crime No.26 of 2020. Accordingly, the respondent police is https://hcservices.ecourts.gov.in/hcservices/

directed to complete the investigation and file a final report within a period of 12 weeks from the date of receipt of a copy of this order.

4.With the above direction, this criminal original petition is disposed of.

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

1. The Inspector of Police, Kachirapalayam Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Muhamed saifulla, Advocate,sr.21918. Mr(co) krd 8/7 Crl.O.P.No. 5543 of 2020 https://hcservices.ecourts.gov.in/hcservices/