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Madras High CourtCRL OP/18885/2020disposed of

Pmv.Durai v. The Commissioner Of Police

2021-01-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18885 of 2020 PMV.Durai Petitioner vs.

1.The Commissioner of Police, Greative Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, R 9, Valasaravakkam Police Station, Chennai 600 089.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to alter the offence in Crime No.610 of 2020, for an offence under Section 406,420, 325, 324 and 307 of IPC instead of under Section 294(b), 323, 506(i) IPC., on the file of second respondent herein.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to the first respondent to alter the offence in Crime No.610 of 2020, for an offence under Section 406,420, 325, 324 and 307 of IPC.

2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 27.09.2020 for an offence under Sections 294(b), 323 and 506 (i) of IPC. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offenses will be altered accordingly and those involved in the crime will be shown as accused persons. https://hcservices.ecourts.gov.in/hcservices/ Page numbers

3. In view of the above submission, there shall be a direction to the 1st respondent Police to continue with the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by adding the necessary offences made out. All those persons against whom the offences are made out, shall be added as accused persons in the final report.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar KP To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, R 9, Valasaravakkam Police Station, Chennai 600 089.

3.The Additional Public Prosecutor, High Court, Madras.

Crl.O.P No.18885 of 2020 RSV(CO) CB(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers