P.Jeevitha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.12284 of 2022 P.Jeevitha

...Petitioner/Deceased Wife

Vs.

1. State rep. by its The Superintendent of Police, Superintendent of Police Office, Kallakurichi District.

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Kallakurichi District.

3. The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi District.

4.Nandhini 5.Srikumar

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 to 3 in particular the third respondent to change the First Information Report inclusion of offences of Sections 302, 201 of I.P.C. r/w Sections 34 and 120 (b) of I.P.C. in Crime No. 148 of 2021 on the file of the third respondent police.

For Petitioner : Mr.M.Saravana Kumar For R1 to R3 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the respondents 1 to 3 to alter the First Information Report from Sections 279, 304(A) of IPC into Sections 302, 201 of I.P.C. r/w Sections 34 and 120 (b) of I.P.C as the petitioner suspects and as a prima facie material that the incident is not a mere https://hcservices.ecourts.gov.in/hcservices/

accident, but a planned murder.

2.However, the learned Additional Public Prosecutor submits that already the investigation is completed and the charge sheet is filed on 21.06.2021 before the learned Judicial Magistrate No.I, Ulundurpet and the same is under the process of being taken on file.

3.In that view of the matter, the prayer cannot be granted at this stage, but however, it will be open to the petitioner to get into the box and depose and thereafter move the trial Court with appropriate petition, if she is still aggrieved. 4.This Criminal Original Petition stands disposed of accordingly.

Sd/- Assistant Registrar/ Vacation Officer //True Copy// Sub Assistant Registrar rpl/anu To

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

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Kallakurichi District.

3. The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi District.

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.M.Saravanakumar, Advocate, S.R.No.31919 Crl.O.P.No.12284 of 2022 VG-II(CO) RGA(02/06/2022) https://hcservices.ecourts.gov.in/hcservices/