M.Kirithika v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Kirithika D/o.D.Manogaran

...Petitioner

Vs 1.The Inspector of Police, V-3, J J Nagar Police Station, Mogappair, Chennai - 600 040.

2.The Assistant Commissioner of Police, Thirumangalam Range, Chennai - 600 101.

3.The Deputy Commissioner of Police, Anna Nagar Range, Chennai - 600 040.

4.A.G.Rajan S/o.Iyyasamy 5.Usha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondents 1 to 3 to alter the sections in FIR No.137 of 2023 dated 06.06.2023 on the file of the first respondent by adding Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1988 and u/s.66E of Information Technology 1/4

Act, 2000, the above said sections which attracts according to the complaint within the time stipulated fixed by this Court. For Petitioner : Mr.R.S.Vaideeswaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R3] *****

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the offence in Crime No.137 of 2023 on the file of first respondent.

2. Learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 06.06.2023 for offences under Sections 406 and 420 IPC. 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 2/4

FIR or file the final report by adding the necessary offences made out. All those 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. 18.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, V-3, J J Nagar Police Station, Mogappair, Chennai - 600 040.

2.The Assistant Commissioner of Police, Thirumangalam Range, Chennai - 600 101.

3.The Deputy Commissioner of Police, Anna Nagar Range, Chennai - 600 040.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 18.07.2023 4/4