Govindan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.13556 of 2022 Govindan ... Petitioner/Defacto Complainant

Versus

State rep by its1.The Superintendent of Police, Krishnagiri District.

2.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

(Crime No.50 of 2022).

... Respondents/ Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police for further fair investigation and to include under Section 326 of IPC for grievous injury of the petitioner in the above case in Crime No.50 of 2022 pending on the file of the respondent Police.

For Petitioner :

No Appearance For Respondents:

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl. Side) *****

ORDER

This Criminal Original Petition has been filed to direct the respondent Police for further fair investigation and to include under Section 326 of IPC for grievous injury of the petitioner in the above case in Crime No.50 of 2022, pending on the file of the respondent Police.

2.When the matter is taken up for hearing, no representation for the petitioner either in person or by his counsel.

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.

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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 closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vv2 To 1.The Superintendent of Police, Krishnagiri District.

2.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Jayachandran, Advocate Sr.NO. 36126 CRL.O.P.No.13556 of 2022 RK(CO) A.SK(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/