Sengalvaraiyyan v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13976 of 2023 Sengalvaraiyyan ... Petitioner Vs.

The State Rep. By, Inspector of Police, C-1, Uthukottai Police Station, Tiruvallur District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Cr.P.C to direct the respondent to alter offence under Section 294(b), 324, 506(ii) of IPC and to include under Section 307 of IPC in Crime No.523 of 2022 dated 14.11.2022 on the file of the respondent. For Petitioner : Mr.K.Karthik For Respondent : Mr.R.Vinothraja, Government Advocate (crl.side).

O R D E R

This Criminal Original Petition has been filed for a direction directing the respondent to alter offence under Section 294(b), 324,

506(ii) of IPC and to include under Section 307 of IPC in Crime No.523 of 2022 dated 14.11.2022 on the file of the respondent.

2. The learned Government Advocate would submit that the investigation in Crime No.523 of 2022 has already been completed and the final report has been filed before the Judicial Magistrate, Uthukottai. Therefore, alteration of offenses cannot be made on the file of the respondent.

3. Considering the submission made by the learned Government Advocate, the Criminal Original Petition stands dismissed. However, the petitioner is at liberty to invoke Sections 216 and 319 of Cr.P.C during the trial before the Trial Court.

03.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order shk

To 1.Judicial Magistrate, Uthukottai.

2.Inspector of Police, C-1, Uthukottai Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.13976 of 2023 03.02.2025