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Madras High CourtCRL OP/26126/2017closed

G. Kumaresan, v. The Inspector Of Police,

2018-02-02Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.26126 of 2017 G.Kumaresan ... Petitioner Vs.

The Inspector of Police, Ambur Taluk Police Station, Vellore District.

... Respondent Prayer : Criminal Original Petitions filed under Section 482 Cr.P.C. praying to direct the respondent to alter the FIR by including the sections 466, 468 and 471 IPC in Cr.No.454 of 2017 dated 08.11.2017 on the file of the respondent. For Petitioner :

Mr.S.Doraisamy For Respondent :

Mrs.P.Kritika Kamal Government Advocate (Crl.side)

ORDER

The prayer sought for in the present petition is to direct the respondent to alter the FIR by including sections 466, 468 and 471 IPC in Cr.No.454 of 2017 dated 08.11.2017 on the file of the respondent.

2. The petitioner seeks for a direction to the respondent to include Sections 466, 468 and 471 IPC in Crime No.454 of 2017 on its file. In my opinion when the investigation is in progress and the respondent is yet to file a charge sheet, including a particular offence is within the exclusive domain of the Investigation Officer and this Court will not be justified in issuing a direction as prayed for by the petitioner. Nevertheless, it is always open to the petitioner to question the correctness or otherwise of the final report/charge sheet, as and when it is filed by the respondent.

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3. With such liberty, to the petitioner, this Criminal Original Petition stands closed.

s/d- Assistant Registrar(CS IX) True Copy Sub-Assistant Registrar nmm To

1. The Inspector of Police, Ambur Taluk Police Station, Vellore District.

2. The Public Prosecutor High Court, Madras.

+1 CC to Mr.S. Doraisamy, Advocate sr 8122.

CRL.O.P.No.26126 of 2017 SP(28/02/2018) https://hcservices.ecourts.gov.in/hcservices/