B.Kaliyammal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22714 of 2015 B.Kaliyammal .. Petitioner Vs The State of Tamil Nadu The Inspector of Police Vanthavasi North Police Station, Thiruvannamalai District.
.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to include the Sec.307 of I.P.C in the final report in Crime No.74 of 2015 by filing altered final report before the Learned Judicial Magistrate-I, Vandavasi. For Petitioner : Mr.A.Ilaya Perumal For Respondent : Mr.C.Emalias, Addl. Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondent to include the Sec.307 of I.P.C in the final report in Crime No.74 of 2015 by filing altered final report before the Learned Judicial Magistrate-I, Vandavasi.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned Additional Public Prosecutor submitted that investigation is almost completed and final report is ready for various offences including 326 IPC.
4. Under such circumstances, direction as prayed for by the petitioner cannot be granted. However, during the course of trial, offence under Section 307 IPC is made out, it is needless to say that the Court has got power to alter the charge and commit the case before the Court of sessions.
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In view of the above, the criminal original petition is closed. sms s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To
1. The Inspector of Police Vanthavasi North Police Station, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
3. The Judicial Magistrate No.1, Vandavasai.
4. do thro the Chief Judicial Magistrate, Thiruvannamalai.
+ 1 cc to Mr.A.Illayaperumal, Advocate SR 51099 ksj(co) prk5/10 CRL.OP.No.22714 of 2015 https://hcservices.ecourts.gov.in/hcservices/