A.P.Velusamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14054 of 2020 A.P.Velusamy, ... Petitioner Vs.

1.The Superintendent of Police, Tiruppur District,Tiruppur .

2.The Deputy Superintendent of Police, Tiruppur District,Tiruppur 3.The Inspector of Police, Uthukuli Police Station, Tiruppur District,Tiruppur Crime No.1218 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents to alter the FIR in Crime No.1218 of 2020 for the offences under section 447, 323, 294(b) and 506(i) IPC and include offences under section 307 and 506(ii) IPC and to file a final report in accordance with law.

For Petitioner : M/s.C.Ramaraj For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition has been filed for direction directing the 3rd respondent to alter the offence in Crime No.1218 of 2020 registered for the offences under sections 447, 323, 294(b), 506 (i) IPC to the offence under section 307 and 506(ii) IPC. 2.The learned counsel for the petitioner would submit that there is a life threat by the accused persons and there are specific allegations to attract the offence under sections 307 and 506(ii) IPC. Even then the 3rd respondent did not register the case for the offence under section 307 and 506(ii) IPC. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor submitted that on perusal of the entire FIR, it clearly reveals that the offence under sections 447, 323, 294(b), 506(i) IPC was registered as against the accused persons only on the date of registering the FIR. Now the investigation is under progress. 4.Considering the above submissions and also on perusal of the FIR, the 3rd respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. While investigating the matter, if any material available to attract the offence under sections 307 and 506(ii) IPC, the 3rd respondent is directed to alter the FIR.

5.With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar Dated: 14.10.2020 * Corrected as per order dated 30.09.2020 and made herein Crl.M.P. 5895/2020 in Crl.O.P.No.14054/2020.

Sd/- Assistant Registrar(CCC) Dated: 30.11.2020 True Copy Sub-Assistant Registrar mpa To To be Substituted to the 1.The Superintendent of Police, order already despacthed Tiruppur District, Tiruppur on 09.11.2020 2.The Deputy Superintendent of Police, Tiruppur District, Tiruppur 3.The Inspector of Police, Tiruppur District, Tiruppur.

4. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M. Guru Prasad, Advocate sr 32616 Crl.O.P.No.14054 of 2020 AK(CO) SP(19/10/2020) SP(01/12/2020) https://hcservices.ecourts.gov.in/hcservices/