Madras High CourtCRL OP/19673/2020disposed of

Kanaga v. State Rep By

2021-01-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19673 of 2020 Kanaga Petitioner vs.

1. The Superintendent of Police, Dharmapuri, Dharmapuri District

2. The Inspector of Police, Thoppur Police Station, Nallampalli Taluk, Dharmapuri District.

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to alter the FIR in Crime No.675/2020 by including the sections 376C, 417 of IPC and Section 67 of Information Technology Act, within a time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.Sathyaraj .E.

For Respondent : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to direct the 2nd respondent to alter the FIR in Crime No.675/2020 by including the sections 376C, 417 of IPC. 2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 03.11.2020 for an offence under Section 506(1) r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offenses 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 2nd respondent Police to continue with the https://hcservices.ecourts.gov.in/hcservices/

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

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KP To

1. The Superintendent of Police, Dharmapuri, Dharmapuri District

2. The Inspector of Police, Thoppur Police Station, Nallampalli Taluk, Dharmapuri District.

3. The Additional Public Prosecutor, Chennai.

Crl.O.P No.19673 of 2020 KK(CO) rv(29/01/2021) https://hcservices.ecourts.gov.in/hcservices/