Madras High CourtCRL OP/20569/2019disposed of

S.Arikirshnan v. The Superintendent Of Police,

2019-08-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20569 of 2019 S.Arikrishnan ... Petitioner -Vs1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Varanjaram Police Station, Villupuram District.

(Crime No.129 of 2019) ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the Inspector of Police, Varanjaram Police Station to alter the offence under Sections 147, 294(b), 323, 324, 427, 506(i) IPC into 307 of IPC and 3(1) of PPD Act in Crime No.129 of 2019 on the file of the Inspector of Police, Varanjaram Police Station, the second respondent herein to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the respondent police to alter the FIR.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 13.05.2019 for an offence under Sections 147, 294(b), 323, 324, 427, 506(i) IPC. The investigation is in progress. If in the course of investigation, the respondent police collected sufficient materials, the offenses will be accordingly altered and all the accused persons will be brought to book.

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3. In view of the above submission, there shall be a direction to the respondent to continue the investigation

effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final report by showing the necessary offences. All the persons involved in the crime was also be made as accused persons.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Varanjaram Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Sankarasubbu,Advocate Sr.No. 65682 Crl.O.P.No.20569 of 2019 AKM/ 28.08.19/ 2P-5C / https://hcservices.ecourts.gov.in/hcservices/