Safeer Sulaiman, Aged 47 Years v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.21312 of 2018 Safeer Sulaiman .. Petitioner Vs The State rep. by The Inspector of Police, T-4 Madhuravoyal Police Station, Chennai.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent Police to alter the FIR in Crime No.727 of 2018 and to add the appropriate penal offences sections in the FIR in Crime No.727 of 2018 pending investigation on the file of the respondent Police and to investigate the case expeditiously with free and proper manner, within the time limit fixed by this Hon'ble Court. For Petitioner : Mr.R.Murali For Respondent : Mr.C.Raghavan, GA

O R D E R

On the complaint lodged by the petitioner, the respondent Police have registered a case in Crime No.727 of 2018 on 23.07.2018 under Section 380 IPC. While so, the petitioner has filed the present petition for a direction to the respondent Police to alter the FIR to one under Section 451, 384 and 390 IPC.

2.In the opinion of this Court, in view of the law laid down by the PRIVY COUNCIL in King Emperor Vs. Khwaja Nazir Ahmad [(1943-44) 71 IA 203], the direction as prayed for cannot be granted. It is always open to the respondent Police to file an alteration report, in the event of the commission of serious offences coming to light during investigation. https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS-V) // True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, T-4 Madhuravoyal Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Murali, Advocate SR.No.61089 CRL.OP.No.21312 of 2018 KK(CO) RMP(20/09/2018) https://hcservices.ecourts.gov.in/hcservices/