← Library
Madras High CourtCRL OP/22674/2018disposed of

Srinath, Aged 21 Years, v. The Superintendent Of Police,

2018-09-252 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22674 of 2018 Srinath ... Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Chunambedu Police Station, Kancheepuram District.

... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the second respondent to alter the FIR in Crime No.274 of 2018 on the file of second respondent and include Section 506 (ii) of IPC. For Petitioner : Mr.S.Sugumar For Respondents : M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed by the defacto complainant to direct the second respondent to include Section 506 (ii) of IPC also in FIR in Crime No.274 of 2018.

2.The learned counsel for the petitioner has submitted that based on the complaint given by the petitioner, the second respondent has registered a case in Crime No.274 of 2018 under Section 147, 294 (b), 448, 324 IPC. He further submitted that even though the complaint discloses the offence of 506 (ii) IPC also, the second respondent has purposely omitted this Section and hence the second respondent may be directed to include the said Section also in the FIR.

3. The learned Additional Public Prosecutor has submitted that the complaint does not disclose any offence with regard to Section 506 (ii) IPC. Hence, the said Section was not included at the time of registering the FIR.

4. The second respondent is directed to investigate the matter taking into consideration the representation submitted https://hcservices.ecourts.gov.in/hcservices/

by the petitioner and if the investigation reveals that Section 506 (ii) IPC also attracts, then, he has to file a final report including the said Section also.

5. With the aforesaid directions, this petition is disposed of.

dss/stm Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Chunambedu Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras. + 1 cc to M/s.Sugumar, Advocate Sr 66511 KR/8/10/18 Crl.O.P.No.22674 of 2018 https://hcservices.ecourts.gov.in/hcservices/