Madras High CourtCRL OP/3962/2015closed

Gunasundari v. State Rep By

2015-04-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.3962 of 2015 Gunasundari ...

Petitioner Vs State by The Inspector of Police Kattumannarkoil Police Station Cuddalore District.

(Crime No.13/2015) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to alter the FIR in Crime No.13 of 2015 for the offence under Sections 307 and 354 IPC and Section 4 of the Tamil Nadu Women Harassment Act instead of Section 323 IPC and also to complete the investigation and file a final report within the time stipulated.

For Petitioner :Mr.M.R. Elavarasan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

2.This petition is filed for alteration of FIR. On reading of the complaint, it is seen that the complainant is a lady and she was assaulted by the accused with stick and sustained serious injuries. He pulled the hair and thrashed. On this allegation, the police has registered a case in Crime No.13 of 2015 under Sections 294(b), 323 and 506(ii) IPC and they have not included the provision of the Tamil Nadu Women Harassment Act. Hence, this Court cannot give a positive direction to the police to file an alteration report, but, this Court directs the police to bear in mind the abovesaid provisions of law. The crime in the complaint discloses that commission of offence under the Tamil Nadu Women Harassment Act was left out. At the time of filing final report, it shall be borne in mind the abovesaid provision in accordance with law.

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With the above direction, this petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To 1.Inspector of Police Kattumannarkoil Police Station Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.K.Balu ,Advocate, SR.No.20384 Crl.OP.No.3962 of 2015 br(co) pmk.20.5.2015 https://hcservices.ecourts.gov.in/hcservices/