Madras High CourtCRL OP/18568/2020disposed of

K.Sivagnanam v. The Superintendent Of Police

2021-01-05Honourable Mr Justice N. Anand Venkatesh3 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.18568 of 2020 Mr.K.Sivagnanam ... Petitioner vs.

1.The Superintendent of Police, Tirupattur District, Pudhu Road, Near KVB Bank, Tirupattur Taluk & District.

2.State of Tamilnadu, Rep.by:

The Inspector of Police, 3.State of Tamilnadu Rep.by The Sub Inspector of Police, Tirupattur District 635 851. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to alter the offence in FIR under Section 294(b), 307, 323, 506 (i) of IPC instead 294(b), 323 of IPC in Cr.No.560 of 2020 on the file of 3rd respondent and file a final report within a stipulated period by conducting fair investigation. For Petitioner : Mr.N.Suresh 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 3rd respondent to alter the offence in FIR under Sections 294(b), 307, 323, 506(i) of IPC. 2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 03.10.2020 for an offence under Sections 294(b), 323 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.

3. In view of the above submission, there shall be a direction to the 3rd 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 IX) //True Copy// Sub Assistant Registrar KP To 1.The Superintendent of Police, Tirupattur District, Pudhu Road, Near KVB Bank, Tirupattur Taluk & District.

2.The Inspector of Police, State of Tamilnadu

3. The Sub Inspector of Police, State of Tamilnadu 4.The Public Prosecutor, High Court, Madras.

+3cc to M/s.N.Suresh, Advocate Sr.626 Crl.O.P No.18568 of 2020 rr[co] srg 01/02/2021