Madras High CourtCRL OP/9143/2023disposed of

Ananthi v. The Inspector Of Police

2023-04-26Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN Ananthi

...Petitioner

Vs.

1. The Inspector of Police, Vaduvoor Police Station, Tiruvarur District.

Crime No.42 of 2023.

2. Elamukilan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to alter the FIR and to include all the offences and make an enquiry and file a final report in Crime No.42 of 2023 dated 21.02.2023.

For Petitioner : Mr.K.Pragadeesh Kumar For Respondents R1 : Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed directing the respondent Police to alter the FIR and to include all the offences and make an enquiry and file a final report in Crime No.42 of 2023 dated 21.02.2023.

2. The learned counsel for the petitioner submitted that the FIR allegations clearly make out a case for registration of FIR for the offence under Section 307 of IPC also. However, the respondent Police has registered only for the offences under Sections 294(b), 324, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Therefore, this petition.

3. In response, the learned Government Advocate (Crl.Side) submitted that during the course of investigation, alteration report has been filed altering the offence under Section 324 of IPC as Section 326 of IPC and final report is also filed before the concerned Judicial Magistrate.

4. In the light of the submission of the learned Government Advocate

(Crl.Side) that now the final report is filed for the offences under Sections 294(b), 326, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, this Court is of the view that no further order need to be passed in this petition. If the petitioner is aggrieved that the final report is not filed for the offence under Section 307 of IPC, it is open to the petitioner to challenge the final report.

5. Accordingly, this Criminal Original Petition is disposed of. 26.04.2023 mn Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, Vaduvoor Police Station, Tiruvarur District.

2. The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN.J.,

mn 26.04.2023