← Library
Madras High CourtCRL OP/10942/2023closed

M.Manjusha v. The State Rep.By

2023-05-10Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P No.10942 of 2023 M. Manjusha ... Petitioner Vs.

The State Rep. by The Sub-Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

(Crime No.83 of 2023) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code to issue a direction directing the Respondent Police to alter the First Information Report in Crime No. 83/ 2023 dated 28.04.2023 for the offence punishable under sections 294(b), 506(i) and 327 of I.P.C and Section 4 of the Dowry Prohibition Act, 1961 instead of Section 498(A) of I.P.C and to investigate the same in accordance with law and to file a Final report within a stipulated time as fixed by this Court.

For Petitioner : M/s N. Vijaya Baskar for Ms Law Vision For Respondent : Mr. S. Balaji Government Advocate( Crl Side)

ORDER

The petitioner has filed this petition seeking a direction to the 1/4

respondent police to alter the offence in Crime No. 83 of 2023 dated 28.04.2023 for the offence punishable under sections 294(b), 506(i) and 327 of I.P.C and Section 4 of the Dowry Prohibition Act, 1961 instead of Section 498(A) of I.P.C.

2.Learned Government Advocate (Crl. Side) would submit that the F.I.R. is not an encyclopedia. However if the respondent police find that any other offence is made out during investigation, they would include those offences at the time of filing their final report.

3. In view of above submissions made by the learned Government Advocate, no direction is necessary to alter the offence found in the F.I.R. If the petitioner is aggrieved by the final report filed by the respondent police, it is open to him to object to the same in the manner known to law.

4. With the above observation, this petition stands closed. However, the respondent police is directed to complete the investigation and file a final report as expeditiously as possible.

10.05.2023 smn Index :Yes/No Internet :Yes/No 2/4

To The Sub-Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

3/4

SUNDER MOHAN, J.

smn Crl.O.P No.10942 of 2023 10.05.2023 4/4