Madras High CourtCRL OP/6427/2023disposed of

D.Vijayalakshmi v. The State Rep By Its

2023-03-23Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6427 of 2023 D.Vijayalakshmi ... Petitioner Vs.

The State Represented by its, Inspector of Police, K-8, Arumbakkam Police Station, Chennai District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to direct the respondent police to alter the sections from Accidental Fall to 304 of IPC, to complete the investigation and to file a final report in Crime No.378 of 2022 on the file of respondent police. For Petitioner : M/s. A.Yamuna For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking direction to the respondent police to direct the respondent police to alter the sections from Accidental Fall to 304 of IPC, to complete the investigation and to file a final report in Crime No.378 of 2022 on the file of respondent police.

2. The learned counsel appearing for the petitioner submitted that petitioner's husband was working in the installation of WIFI Tower on behalf of M/s. Velocity Internet Services Private Limited. The base of the WIFI Tower was broken. As a result, petitioner's husband, who was working in the WIFI Tower fell down and sustained injuries. Subsequently, he died. FIR in Crime No.378 of 2022 for this incident came to be registered under Section "Accidental Fall". FIR ought to have been altered for the offence under Section 304 of IPC. Therefore, present petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, during the course of the investigation, FIR in this case was altered for the offence under Sections 287, 304(A) of IPC ( 2 Counts). 2/4

4. Recording the submission made by the learned Government Advocate (Crl. Side) that, FIR has now been altered, this Court directs the respondent police to complete the investigation within a period of three months and file a final report before the competent Court.

5. With the above observations, this Criminal Original Petition is disposed of.

23.03.2023 Internet:Yes Index:Yes/No Sma To:

1.Inspector of Police, K-8, Arumbakkam Police Station, Chennai District.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

sma Crl.O.P. No.6427 of 2023 23.03.2023 4/4