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Madras High CourtCRL OP/17706/2019disposed of

Mahendran v. State Rep By Its

2019-07-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17706 of 2019 Mahendran ... Petitioner -Vs- State Represented by its

1. The Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District.

2. The Inspector of Police, Palaiyur Police Station, Nagapattinam District.

...Respondents

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to alter the FIR in Crime No.84 of 2019 dated 11.06.2019 based on the petitioner's representation to include Section 307 of IPC and Section 3 of TNPPDL Act and also direct the 1st respondent to monitor the investigation pending in Crime No.84 of 2019 pending on the file of the 2nd respondent.

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

ORDER

This petition has been filed seeking for a direction to the respondent police to alter the FIR.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 11.06.2019 for an offence under Sections 294(b), 324, 427, 506(ii) IPC. The investigation is in progress. If in the course of investigation, the respondent police collected sufficient materials, the offenses 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 respondent to continue the investigation effectively and based on the materials collected during the https://hcservices.ecourts.gov.in/hcservices/

course of investigation, either alter the FIR or file the final report by showing the necessary offences. All the persons involved in the crime was also be made as accused persons.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rka To

1. The Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District.

2. The Inspector of Police, Palaiyur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.S.Kaviarasu, Advocate, S.R.No.56197 Crl.O.P.No.17706 of 2019 RRS(02/08/2019) https://hcservices.ecourts.gov.in/hcservices/