Madras High CourtCRL OP/14559/2022disposed of

R.Soundarya v. Inspector Of Police

2022-06-27Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.14559 of 2022 R.Soundarya ... Petitioner/Defacto Complainant Vs.

The Inspector of Police S-5, Pallavaram Police Station Chennai.

... Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue direction, directing the respondent police thereby for alteration of Sections in Crime No.436 of 2022 by including Sections 294(b), 354, 376, 406, 417, 420 and Section 3(1) (r) (s) of SC/ST Prevention of Atrocities Act against the accused.

For Petitioner : Mr.S.Seenuvasan For Respondent : A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the respondent police to alter the Sections in Crime No.436 of 2022 by including Sections 294(b), 354, 376, 406, 417, 420 and Section 3(1) (r) (s) of SC/ST Prevention of Atrocities Act against the accused.

2. The learned counsel for the petitioner would submit that despite the complaint given by the petitioner, the police has registered the case only for the offences under sections 417, 420 IPC and Section 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989 and not not registered the other Sections as referred above.

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3. This Court is of the view that such a direction cannot be given to the police. The very complaint itself indicates that there was a love and consensual affair between the parties and no whisper is made as to any misconception of fact. Further, merely on the oral submission, this Court cannot direct the police to alter the FIR as desired by the petitioner. It is for the Investigating Officer to conduct enquiry and if any material is collected through investigation, they would file the final report as per law.

4. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar ksa-2 To

1. The Inspector of Police S-5, Pallavaram Police Station Chennai.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Seenuvasan, Advocate SR.No.39934 Crl.O.P.No.14559 of 2022 GPL(CO) CB(07/07/2022) https://hcservices.ecourts.gov.in/hcservices/