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Madras High CourtCRL OP/14209/2018dismissed

K.Udayakumar, Aged 52 Years, v. The Inspector Of Police,

2018-05-30Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR CRL.OP.No.14209 of 2018 K.Udayakumar ... Petitioner Vs The Inspector of Police, E1 Ponneri Police Station, Thiruvallur District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to alter the FIR in Crime No.149 of 2018 under Sections 341, 294-b, 323, 325 and 506(ii) IPC into Sections 307 and 452 of IPC in accordance with law.

For Petitioner : Mr.T.Arul For Respondent : Ms.M.Prabhavathi, APP

O R D E R

The Criminal Original Petition has been filed seeking a direction, directing the respondent to alter the FIR in Crime No.149 of 2018 under Sections 341, 294-b, 323, 325 and 506(ii) IPC into Sections 307 and 452 of IPC in accordance with law.

2. Heard the learned counsel for the petitioner; learned Additional

Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. A perusal of the typed set of papers filed in support of the petition would go to show that on the basis of the complaint of the petitioner, a F.I.R. has already been registered in Crime No.149 of 2018 for the offences under Sections 341, 294-b, 323, 325 and 506(ii) IPC against the accused. Now the petitioner seeks to alter the said sections into Sections 307 and 452 of IPC. At this stage, this Court is of the view that the Criminal Original Petition is not maintainable. However, liberty is given to the petitioner to approach the concerned jurisdictional Magistrate to take appropriate action by placing the relevant materials for altering the offences.

4. With the above observation, the Criminal Original Petition is dismissed.

30.05.2018 tsi To

1. The Inspector of Police, E1 Ponneri Police Station, Thiruvallur District.

2.The Addl. Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR, J.

tsi CRL.OP.No.14209 of 2018 30.05.2018