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Madras High CourtCRL OP/11840/2018closed

Devendiran, M/A 36 Years, v. The State Rep By Its,

2018-04-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.11840 of 2018 Devendiran ... Petitioner Vs The State rep. by The Inspector of Police, Pallikonda Police Station, Vellore District.

Cr.No.70/2018 ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to alter from u/s 294[b], 324 and 506[ii] of IPC @ into 307 of IPC in Cr.No.70/2018 and investigate the same and file a final report. For Petitioner : Mr.M.Rajendiran For Respondent : Ms.P.Kritika Kamal, Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondent to alter FIR to Section 307 of IPC in Crime No.70 of 2018 and to file a final report.

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

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mps https://hcservices.ecourts.gov.in/hcservices/

To 1.The Inspector of Police, Pallikonda Police Station, Vellore District.

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

+1cc to Mr.M.Rajendran, Advocate, sr.no.30163 Crl.O.P.No.11840 of 2018 NRL(CO) RRK(29/05/18) https://hcservices.ecourts.gov.in/hcservices/