S.Vijay v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Vijay S/o.K.Sundarakumar

...Petitioner

Vs The State represented by Inspector of Police, N-2, Kasimedu Police Station, Washermenpet District, Chennai.

Crime No.129 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondent to alter offence u/s.324 IPC and to include u/s.307 IPC in Crime No.129 of 2023 dated 09.05.2023 on the file of respondent.

For Petitioner : Mr.R.Arunkumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the offence to one u/s.307 IPC in Crime No.129 of 2023 on the file of respondent.

2. Learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 09.05.2023 for an offence under Section 324 IPC. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offences 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 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.

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This Criminal Original Petition is disposed of accordingly. 06.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, N-2, Kasimedu Police Station, Washermenpet District, Chennai.

Crime No.129 of 2023 2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 06.07.2023 4/4