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Madras High CourtCRL OP/11690/2018dismissed

D.Cyril Selladurai, M/A 39 Yrs v. The State Rep By Its,

2018-04-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11690 of 2018 D.Cyril Selladurai ...

Petitioner Vs 1.State rep. by The Inspector of Police, E-4, Abiramapuram Police Station, Mylapore, Chennai.

2.Madhavan Sivakumar ...

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to alter and include the offences under Sections 406 and 484 of IPC and Section 43 and 66 of IT Act in addition to offences under Section 294(b), 342 and 506(i) of IPC in Crime No.295 of 2017. For Petitioner :Mr.S.Suresh For Respondents :Ms.P.Kritika Kamal, Government Advocate (Crl.Side) for R1

ORDER

This petition has been filed to direct the 1st respondent to alter and include the offences under Sections 406 and 484 of IPC and Sections 43 and 66 of IT Act, in addition to offences under Sections 294(b), 342 and 506(i) of IPC in Crime No.295 of 2017.

2.The prayer as sought for by the petitioner cannot be granted, since this Court cannot issue a direction to the respondent police as to how they should investigate the case, as held by the Hon'ble Supreme Court in Shariff Ahmed and others v. State (NCT of Delhi) reported in (2009) 14 SCC 184. https://hcservices.ecourts.gov.in/hcservices/

Hence, this Criminal Original Petition is devoid of merits and the same is dismissed.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar mps To 1.The Inspector of Police, E-4, Abiramapuram Police Station, Mylapore, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.11690 of 2018 cnr(CO) TR(07/05/2018) https://hcservices.ecourts.gov.in/hcservices/