Velusamy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.06.2021

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.7918 of 2021 Velusamy ..Petitioner vs.

The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

Crime No.1596 of 2020 ..Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to conduct further enquiry and alter the FIR No.1596/2020 by incorporating Sections 427, 447 and 506(1) IPC r/w Section 3 of the Tamilnadu Property (Prevention of Damage and Loss) Act, 1992 and Section 3 of The Prevention of Damage to Public Property Act, 1984 instead of Sections 427, 447 and 506(1) IPC and further to add the name of Prashanth S/o.Rathinasamy as the 5th accused in the said FIR. For Petitioner : Mr.D.R.Arun Kumar For Respondents: Mr.A.Damodaran Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to alter the FIR for the offences punishable under Section 3 of Tamilnadu Property (Prevention of Damage and Loss) Act, 1992 and Section 3 of The Prevention of Damage to Public Property Act, 1984.

2. This court is of the view that such a direction cannot be granted. If at all the offences under the said Act is made out, the Trial Court concerned can very well take cognizance of such offences. There is no bar under the law for framing charges for those offences also.

3. In such view of the matter, a blanket direction cannot be issued. The Criminal Original Petition is dismissed. However, it is directed that investigation be completed https://hcservices.ecourts.gov.in/hcservices/

expeditiously within a period of 3 months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar ssk/hvk.

To 1.The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.R.Arun Kumar, Advocate, S.R.No. 27360 Crl.O.P.No.7918 of 2021 SS(CO) GN(15/07/2021) https://hcservices.ecourts.gov.in/hcservices/