D.Leo v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.7421 of 2024 D.Leo

...Petitioner

Vs 1.The Deputy Commissioner of Police, Pallikaranai Police District, Thambaram Police Commissionerate, Chennai - 600 119.

2.The Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to alter the offences in FIR No.434 of 2023 dated 11.12.2023 under Sections 147, 447, 294(b), 307, 323, 379, 386, 406, 449 and 506(i) of IPC instead of under Section 147, 447, 294(b), 323 and 506(i) of IPC pending on the file of the respondent and file a final report within a stipulated period by conducting fair investigation. For Petitioner : M/s.Kanimozhi Mathi For Respondents : Mr.A.Damodaran 1/5

Additional Public Prosecutor 2/5

O R D E R

This Criminal Original petition has been filed to direct the respondent to alter the offences in FIR No.434 of 2023 dated 11.12.2023 under Sections 147, 447, 294(b), 307, 323, 379, 386, 406, 449 and 506(i) of IPC instead of under Sections 147, 447, 294(b), 323 and 506(i) of IPC pending on the file of the respondent and file a final report within a stipulated period by conducting fair investigation.

2.The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 11.12.2023 for an offence under Sections 147, 447, 294(b), 323 and 506(i) of IPC. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offenses 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 3/5

against whom the offences are made out, shall be added as accused persons in the final report.

4.This Criminal Original Petition is disposed of accordingly. 27.03.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Deputy Commissioner of Police, Pallikaranai Police District, Thambaram Police Commissionerate, Chennai - 600 119.

2.The Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P. No.7421 of 2024 27.03.2024 5/5