Madras High CourtCRL OP/16386/2019disposed of

Govintharaj v. The Superintendent Of Police

2019-06-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.16386 of 2019 Govintharaj ... Petitioner/Defacto Complainant Vs 1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Sub Inspector of Police, Kaniyur Police Station, Tiruppur District.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to issue a direction to the respondents to alter the FIR in Cr.No.114 of 2019 on the file of the 2nd respondent by implicating sections 427, 294(b) and 506(II) IPC R/w. Sec 34 IPC and Sect. 3 of TNPPDL Act instead of Sections 427, 294(b) & 506(ii) IPC.

For Petitioner : Mr.Arun Kumar D.R.

For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the respondents to alter the FIR in Crime No.114 of 2019 on the file of the 2nd respondent by implicating sections 427, 294(b) and 506(ii) IPC R/w. Section 34 IPC and Section 3 of TNPPDL Act instead of Sections 427, 294(b) and 506(ii) IPC.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 15.06.2019 for offence under Sections 427, 294(b) and 506(ii) IPC R/w. Section 34 IPC and Section 3 of TNPPDL Act. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offences will be accordingly altered and all the accused persons will be brought to book.

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3. In view of the above submission, there shall be a direction to the 2nd respondent to continue the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by showing the necessary offences. All the persons involved in the crime shall also be made as accused persons. 4.This Criminal Original Petition is disposed of with the above direction.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar vs To 1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Sub Inspector of Police, Kaniyur Police Station, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.D.R. Arun Kumar, Advocate sr 53265. Crl.O.P.No.16386 of 2019 KK(CO) SP(15/07/2019) https://hcservices.ecourts.gov.in/hcservices/