P.Indhirakumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.11847 of 2022 P.Indhirakumar
...Petitioner
Vs.
1. The Superintendent of Police, Sathuvachari, Vellore District.
2. The Deputy Superintendent of Police, Vellore, Vellore District.
3. The Inspector of Police, Veppankuppam Police Station, Vellore District.
...Respondents
Prayer:This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 and 2 to monitor the investigation conducted by the 3rd respondent with further direction to direct the 3rd respondent to include the section for the offence punishable under Section 307 of I.P.C. in Crime No.25 of 2022 pending on the file of the 3rd respondent police and file the final report within a stipulated period of time. For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondents 1 and 2 to monitor the investigation conducted by the 3rd respondent with further direction to direct the 3rd respondent to include the section for the offence punishable under Section 307 of I.P.C. in Crime No.25 of 2022 pending on the file of the 3rd respondent police and file the final report within a stipulated period of time.
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2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.
3.At the outset, this court is unable to consider the contention of the learned counsel for the petitioner for issuing such a direction. If the material collected by the Investigating Agency discloses other evidence than the one charged, it is for the Committal Magistrate or Sessions Court to alter the offence. 4.Such being a position, there can not be any direction to the police to alter the FIR.
5.With the above direction, this Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rgi/shk To
1. The Superintendent of Police, Sathuvachari, Vellore District.
2. The Deputy Superintendent of Police, Vellore, Vellore District.
3. The Inspector of Police, Veppankuppam Police Station, Vellore District.
4. The Public Prosecutor, Madras High Court, Chennai.
+1cc to M/s.B.Gopalakrishnan, Advocate, S.R.No.32410 Crl.O.P.No.11847 of 2022 SJ(CO) RGA(15/06/2022) https://hcservices.ecourts.gov.in/hcservices/