Jeevanantham v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.17819 of 2019 Jeevanantham ... Petitioner Vs 1.The Superintendent of Police, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Koothanallur Police Station, Tiruvarur District.

(Crime No.301 of 2018) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 2nd respondent herein viz. The Inspector of Police, Koothanallur Police Station, Tiruvarur District to alter the FIR in Crime No.301 of 2018 by including the offences under Section 307 IPC along with the other offences under Sections 147, 148, 294(b), 324, 506(ii) IPC and Section 3

(1) of the Tamil Nadu Public Property (Destruction and Loss) Act, 1992 as mentioned already therein and file a final report forthwith accordingly.

For Petitioner : Mr.K.Muruganantham For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent herein viz. The Inspector of Police, Koothanallur Police Station, Tiruvarur District to alter the FIR in Crime No.301 of 2018 by including the offences under Section 307 IPC along with the other offences under Sections 147, 148, 294(b), 324, 506(ii) IPC and Section 3(1) of the Tamil Nadu Public Property (Destruction and Loss) Act, 1992 as mentioned already therein and file a final report forthwith accordingly. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 07.11.2018 for offences under Sections 147, 148, 294(b), 324, 506(2) of IPC and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992. 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.

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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vs/jas To 1.The Superintendent of Police, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Koothanallur Police Station, Tiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Muruganantham, Advocate Sr.57994 Crl.O.P.No.17819 of 2019 ppa[co] srg 31/07/2019 https://hcservices.ecourts.gov.in/hcservices/