G.Kumaresan, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.06.2018

CORAM

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.15388 of 2018 G.Kumaresan .... Petitioner/Defacto Complainant Vs

1. The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

..1st Respondent/Complainant

2. Saradha

3. Meena

4. Kesavan .... 2nd to 4th Respondents/ Accused 2 to 4 to be impleaded Petition filed under Section 482 of Criminal Procedure Code to direct the respondent herein viz., the Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District to include the name of the accused 2 to 4 namely Sarada, Meena and Kesavan in the altered FIR in Crime No.1404 of 2012 on the file of the respondent herein viz the Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

For Petitioner :

Mr.L.Mahendran For Respondents :

Mr.C.Raghavan Government Advocate for R1

O R D E R

This Criminal Original Petition is filed to direct the respondent herein to include the name of the accused 2 to 4, namely, Sarada, Meena and Kesavan in the altered FIR in Crime No.1404 of 2012 on the file of the respondent.

2. It is the case of the petitioner that in the complaint in Cr. No. 1404/2012 he has implicated respondents 2 to 4, but they have not been included in the final report. Admittedly, https://hcservices.ecourts.gov.in/hcservices/

the case is now pending in S.C. No. 10 of 2014 before the Sessions Court, Thirvannamalai. At this juncture, the defacto complainant has filed the present petition with the above prayer.

3. In the opinion of this Court, direction as prayed for by the petitioner cannot be granted in a petition filed under Section 482 CrPC. It is always open to the trial court to invoke the provision under Section 319 CrPC, if evidence surfaces against respondents 2 to 4.

4. With the above observation, this petition is closed. Consequently the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-vi) //True Copy// Sub Assistant Registrar avr To

1. The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

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

+1cc to Mr.L.MAHENDRAN, Advocate, S.R.No.36951 Crl.O.P.No.15388 of 2018 TM(CO) TR(14/06/2018) https://hcservices.ecourts.gov.in/hcservices/