Madras High CourtCRL OP/18462/2023disposed of

I.Fatheema Beevi v. The Commissioner Of Police,

2023-08-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH I.Fatheema Beevi .. Petitioner

Versus

1. The Commissioner of Police, Avadi Commissionerate, Tiruvallur.

2. The Inspector of Police, AWPS Police Station, Avadi City, Tiruvallur District.

Crime No.16 of 2023 .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent herein to include the offences under Sections 4, 5(n), 12 of POCSO Act and Section 312 of I.P.C Act in Crime No.16 of 2023 on the file of the 2nd respondent pursuant of the representations, dated 24.07.2023 sent to the respondents and investigate the matter in accordance with law. For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/4

ORDER

This Criminal Original petition has been filed seeking for a direction to the second respondent to include the offences under Sections 4, 5(n), 12 of POCSO Act and Section 312 of I.P.C in Crime No.16 of 2023 on the file of the second respondent pursuant to the representation, dated 24.07.2023 sent to the respondents and investigate the matter in accordance with law.

2. The learned Additional Public Prosecutor, on instructions, would submit that the F.I.R was registered only on 23.05.2023 for offences under Sections 417 and 376 of I.P.C. 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 F.I.R or file the Final Report by adding the necessary offences made out. 2/4

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 off accordingly. 16.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Commissioner of Police, Avadi Commissionerate, Tiruvallur.

2. The Inspector of Police, AWPS Police Station, Avadi City, Tiruvallur District.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 16.08.2023 4/4