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Madras High CourtCRL OP/17802/2018dismissed

S.Mohan, Aged 35 Years, v. The Superintendent Of Police,

2018-07-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17802 of 2018 S.Mohan ... Petitioner Vs 1.

The Superintendent of Police Namakkal Namakkal District.

2.

The Deputy Superintendent of Police Namakkal Namakkal District.

3.

The Inspector of Police Jedarpalayam Police Station Namakkal District.

...Respondents

Criminal Original Petition has been filed under Section 482 Cr.P.C. seeking a direction to the 2nd and 3rd respondent to alter the Section as 3(1) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015, a case in Crime No.139 of 2018 on the file of the 2nd and 3rd respondents and investigate the matter in accordance with law.

For Petitioner :

Mr.T.Balachandran For Respondents:

Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 2nd and 3rd respondent to alter the Section as 3(1) and 3(2) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015, in Crime No.139 of 2018 on the file of the 2nd and 3rd respondents and investigate the matter in accordance with law.

2. This Court cannot issue a direction under Section 482 Cr.P.C. to the respondent police to alter the provisions of law in the FIR. During the course of investigation, if the respondent police gather evidence to show that the commission of serious offence, it is for them to file an alteration report before the concerned Court.

https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is dismissed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.

The Superintendent of Police Namakkal Namakkal District.

2.

The Deputy Superintendent of Police Namakkal Namakkal District.

3.

The Inspector of Police Jedarpalayam Police Station Namakkal District.

4.

The Public Prosecutor High Court, Madras.

+1cc to Mr.T.Balachandran, Advocate Sr.NO.45979 sm:23.7.2018 Crl.OP.No.17802 of 2018 https://hcservices.ecourts.gov.in/hcservices/