Madras High CourtCRL OP/2595/2016closed

M.Antonyous Flamstid Abraham v. The Inspector Of Police

2016-06-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.2595 of 2016 M.Antonyous Flamstid Abraham .. Petitioner Vs The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District. .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to further investigate on the FIR No.339 of 2014 and file a fresh final report after incorporating Sections 452 and 506[i] of IPC within a period of time to be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Giritharan For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondentPolice to further investigate and file final report in FIR.No.339 of 2014.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. It is seen that this petitioner is an Advocate and that he has some issues with his father, in which, a friend of his father by name Santhosh interfered. On the complaint lodged by the petitioner, the respondent police registered a case in Crime No.339 of 2014 for the offences under Sections 294[b] and 506 [ii] IPC and after completing investigation, filed a final report in STC.No.415 of 2015 before the learned Judicial Magistrate, Cheyyar against the said Santhosh. Under such circumstances, the petitioner has come with this present petition for further investigation.

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4. This Court went through the records and observed that the matter was seized of by the learned Judicial Magistrate, Cheyyar. It is needless to state that the offences recorded by the police in final report is not an end all and the trial Court is empowered to alter the sections as provided under Section 216 Cr.P.C. Hence, this Court is of the view that this is not a fit case to order further investigation at this stage. With the above observation, this petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

CRL.OP.No.2595 of 2016 rsy[co] srg 13/06/2016 https://hcservices.ecourts.gov.in/hcservices/