Madras High CourtCRL OP/18763/2019disposed of

S.Radhika v. The Superintenden Of Police

2019-07-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18763 of 2019 S.Radhika ... Petitioner Vs 1.The Superintendent of Police, O/o. Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruvarur.

3.The Inspector of Police, Kordaracheri Police Station, Thiruvarur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the respondents to alter the section 147, 148, 307 IPC instead of section 294(b), 323, 324, 506(ii) IPC in Crime No.169 of 2019 dated 10.06.2019 pending on the file of Inspector of Police, Kodarachery.

For Petitioner : M/s.P.Muthamizh Selvakumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents to alter the section 147, 148, 307 IPC instead of section 294(b), 323, 324, 506(ii) IPC in Crime No.169 of 2019 dated 10.06.2019 pending on the file of Inspector of Police, Kodarachery.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 10.06.2019 for offences under Sections 294(b), 323, 324, 506(2) of I.P.C. 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.

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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 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, O/o. Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruvarur.

3.The Inspector of Police, Kordaracheri Police Station, Thiruvarur District.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.P.Muthamizh Selvakumar, Advocate sr.60589 Crl.O.P.No.18763 of 2019 kk(co) nr 08/08/2019 https://hcservices.ecourts.gov.in/hcservices/