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Madras High CourtCRL OP/26091/2017disposed of

Loganayaki, F/A 52 Yrs, v. The Deputy Commissioner Of

2018-01-22Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.26091 of 2017 Loganayaki ..Petitioner vs.

1. The State rep by its.

The Deputy Commissioner of Police, Deputy Commissioner of Police, New Washermenpet, Chennnai.

2. The Inspector of Police, New Washermenpet, Chennai- 600 081.

..Respondents Prayer :- Criminal Original Petition filed under Section 482 of Cr.P.C to direct the respondents to include the section 306 of IPC in Crime No.1353 of 2017 pending on the file of the second respondent police while pending disposal of the above Criminal Original petition.

For Petitioner : Mr.R.Thirumoorthy For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl.Side)

O R D E R

This petition is filed to direct the respondents to include the section 306 of IPC in Crime No.1353 of 2017 pending on the file of the second respondent police while pending disposal of the above Criminal Original petition. https://hcservices.ecourts.gov.in/hcservices/

2. It is the submission of the learned counsel for the petitioner that the petitioner's daughter might have died due to attack and assault made by one Nagammal. Hence it is submitted that the case having been registered under section 174 Cr.P.C is not proper.

3. In my view alteration of an offence is a matter for investigation which is within the domain of the investigation officer and this Court exercising its power under section 482 of Cr.P.C will not normally interfere with such powers of police.

4.However, in view of the apprehension of the petitioner, it would be appropriate to direct the first respondent herein to monitor the investigation in Crime No. 1353 of 2017 on the file of the second respondent herein till filing of final report/ charge sheet.

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

-s/dAssistant Registrar True Copy Sub-Assistant Registrar aav To

1. The Deputy Commissioner of Police, Deputy Commissioner of Police, New Washermenpet, Chennnai.

2. The Inspector of Police, New Washermenpet,Chennai- 600 081.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Thirumoorthy, Advocate Sr.No.4793 Crl.O.P.No.26091 of 2017 KJI(CO) KP(03/02/2018) https://hcservices.ecourts.gov.in/hcservices/