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Madras High CourtCRL OP/17653/2023disposed of

T.Somasundaram v. State Rep By The Inspector Of Police

2023-08-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17653 of 2023 T.Somasundaram .. Petitioner Vs.

1. State rep by.

The Inspector of Police, AWPS Saidapet Police Station, Saidapet, Anna Salai, Chennai - 600 015.

(Ref: Cr. No. 6/2023 dt:02.07.2023) .. Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent Police to alter the offence in FIR bearing Cr. No. 6/2023 dated 02.07.2023 on the file to the Respondent Police from Section 498A to the offences under sections 313,325,406,420 and 506(i) IPC and Section 3 and 4 of Dowry Prohibition Act, 1961.

For Petitioners : G.R.Hari For Respondent No. : A.Damodharan Additional Public Prosecutor Madras High Court.

O R D E R

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This Criminal Original petition has been filed seeking for a direction to the respondent police to alter the offence in FIR bearing Crime. No. 6/2023 dated 02.07.2023.

2.

The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 02.07.2023 for an offence under Section 498 of IPC 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 respondent Police to continue with the 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 offenses made out. All those persons against whom the offences are made out, shall be added as accused persons in the final report.

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4. This Criminal Original Petition is disposed of accordingly. 07.08.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Inspector of Police, AWPS Saidapet Police Station, Saidapet, Anna Salai, Chennai - 600 015.

2. The Public Prosecutor Madras High Court, Madras.

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N.ANAND VENKATESH, J rka Crl.O.P.No.17653 of 2023 07.08.2023 4/4