Madras High CourtCRL OP/25633/2015closed

K. Vidhya v.

2015-10-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.25633 of 2015 K.Vidhya .. Petitioner Vs The State rep by Inspector of Police, North Police Station, Tiruppur District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to alter FIR in Crime No.633 of 2015 and include of the Sections 498(A), 307 of IPC and Section 4 of Women Harassment Act in Crime No.633 of 2015. For Petitioner : Mr.G.Shanmugam For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to alter the FIR in Crime No.633 of 2015 and to include Sections 498(A), 307 of IPC and Section 4 of Women Harassment Act in Crime No.633 of 2015.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondent.

3. It is seen that, on a complaint lodged by this petitioner, the respondent Police have registered a case against her husband in Crime No.633 of 2015 on 02.06.2015 under Sections 294(b), 324, 506(i) IPC. Now, this petition has been filed for a direction to the respondent Police to alter the FIR., and include Sections 498(A), 307 IPC., and Section 4 of the Women Harassment Act.

4. In the considered opinion of this Court, such an alteration of FIR., cannot be ordered in Section 482 of Cr.P.C., Apart from that, the learned Additional Public Prosecutor produced a copy of the accident register relating to the injuries sustained by the petitioner and it is seen that the doctor has not noted any external injuries. Under such circumstances, the direction as prayed for cannot be granted. However, during the course of investigation, if further materials surface, it is always open to the police to file an alteration report.

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5. With the above observation, this petition is closed. Ds Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar To:

1. The Inspector of Police, North Police Station, Tiruppur District.

2. The Public Prosecutor High Court, Madras.

+1 C.C. To MR.G.Shanmugam, Advocate in SR.NO.58239 Crl.OP No.25633 of 2015 KK(CO) sd : 04/11/2015 https://hcservices.ecourts.gov.in/hcservices/