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Madras High CourtCRL OP/19521/2024dismissed

Kanthayee v. The State Rep By Its,

2025-02-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN Kanthayee ..Petitioner Vs.

1.

Superintendent of Police, Dharmapuri, Dharmapuri District.

2.

State rep. by The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

..Respondents Prayer:

Criminal Original Petition under Section 482 Cr.P.C./528 BNSS to direct the 2nd respondent to alter the FIR by including Sections 468, 471 and 420 IPC with that besides 294(b) and 506(ii) IPC in Crime No. 75/2024 on the file of the Inspector of Police, Karimangalam Police Statin, Dharmapuri and file a final report to secure the ends of justice. For Petitioner :: Mr.R.Sankarasubbu For Respondents :: Mr.R. Vinothraja Govt. Advocate ( Crl.Side) 1\4

O R D E R

The learned counsel appearing for the petitioner submitted that after completion of investigation by the 2nd respondent in crime No.75/2024, the same was closed as 'mistake of fact' on 21.08.2024. However, so far, referred charge sheet has not been served on the petitioner.

2. In view of the above, the alteration of offences does not arise. However, the 2nd respondent is directed to serve the referred charge sheet on the petitioner within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the petitioner is at liberty to challenge the same in the manner known to law. With the above direction and observation, this criminal original petition is dismissed.

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1.

Superintendent of Police, Dharmapuri, Dharmapuri District.

2.

The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

3.

The Public Prosecutor, High Court, Madras.

3\4

G.K. ILANTHIRAIYAN,J.

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