Vinothkumar, Aged 31 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.11545 of 2018 Vinothkumar

...Petitioner

Vs.

State rep.by the Inspector of Police, R2 Kodambakkam Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C to direct the respondent to alter the offence u/s. 294(b), 341, 326, 307 and 506(ii) of IPC instead of 294(b), 341, 326, 506(ii) IPC in Crime No.1273/2017 pending investigation on the file of Inspector of Police, R2 Kodambakkam Police Station, Chennai. For Petitioner : Mr.S.Nambirajan For Respondent : Mrs.P.Kritika Kamal, Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed to direct the respondent to alter the offences u/s. 294(b), 341, 326, 307 and 506(ii) of IPC instead of 294(b), 341, 326, 506(ii) IPC in Crime No.1273/2017 pending investigation on the file of the Inspector of Police, R2 Kodambakkam Police Station, Chennai.

2. The prayer of the petitioner for a direction to the respondent police to alter the FIR is not maintainable in view of the law laid down by the Hon'ble Supreme Court in the case of Shariff Ahmed & Others Vs. State (NCT of Delhi) reported in [ (2009) 14 SCC 184] , wherein the Hon'ble Supreme Court has held that the Court cannot issue direction to the respondent police as how they should investigate the case.

3. Hence, this petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

lok To 1.The Inspector of Police, R2 Kodambakkam Police Station, Chennai

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr. S. Nambirajan, Advocate Sr.29005 Crl.O.P.No.11545 of 2018 RJ(CO) EU(08/05/2018) https://hcservices.ecourts.gov.in/hcservices/