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Madras High CourtCRL OP/15315/2023disposed of

Senthamaraikannan v. The Superintendent Of Police,

2023-07-10Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Senthamaraikannan S/o.Nadesan

...Petitioner

Vs 1.The Superintendent of Police, Kallakurichi.

Kallakurichi District.

2.The Additional Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Keelakuppam Police Station, Keelakuppam, Kallakurichi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the third respondent to alter the offences under Sec.420, 306, 506 (ii) IPC instead of 174 of Cr.P.C. @ 306 I.P.C in Crime No.03/2023 on the file of Inspector of Police, Keelakuppam, Kallakurichi District.

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For Petitioner : Mr.M.Selvam For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the offences to one under Sections 420, 306, 506 (ii) IPC instead of 174 of Cr.P.C. @ 306 I.P.C in Crime No.03 of 2023 on the file of respondent.

2. Learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 02.01.2023 under Section 174 Cr.P.C. 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 2/4

persons against whom the offences are made out, shall be added as accused persons in the final report.

This Criminal Original Petition is disposed of accordingly. 10.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Superintendent of Police, Kallakurichi.

Kallakurichi District.

2.The Additional Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Keelakuppam Police Station, Keelakuppam, Kallakurichi District.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

gm 10.07.2023 4/4