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Madras High CourtCRL OP/9710/2022disposed of

Seyed Ahamed v. The Superintendent Of Police

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2022

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.9710 OF 2022 Seyed Ahamed S/o. Umar Sayithu ... Petitioner

Versus

1. The Superintendent of Police, District Police Superintendent Office, Chengalpattu.

2. The Inspector of Police, Chunabedu Police Station, Chengalpattu.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to alter the FIR in Crime No.44 of 2022 by invoking offence under Section 307, 426, 427 and 441 IPC in addition to offences in the FIR and to file a final report in manner to law in a stipulated time.

For Petitioner :

Mr.I.Abdul Basith For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to direct the second respondent to alter the FIR in Crime No.44 of 2022 by invoking offence under Sections 307, 426, 427 and 441 IPC in addition to offences in the FIR.

2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 05.02.2022 for offences under Sections 294(b), 323, 324 an 506 https://hcservices.ecourts.gov.in/hcservices/

(ii) IPC and 3(1) of TN Public Property (Prevention of Damage & Loss) Act, 1992. 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 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.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar bkn To 1.

The Superintendent of Police, District Police Superintendent Office, Chengalpattu.

2.

The Inspector of Police, Chunabedu Police Station, Chengalpattu.

3.

The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9710 of 2022 AJS(CO) RLP(27/05/2022) https://hcservices.ecourts.gov.in/hcservices/