Madras High CourtCRL OP/20148/2023ordered

P.Duraikannu v. State Rep.By

2023-09-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH P.Duraikannu ... Petitioner

Versus

1. The State Rep. by Inspector of Police, Cheyyur Police Station, Chengalpattu district.

2. Village Administrative Officer, No:193, Jameenputhur Village, Madhurnthakam TK, Chengalpattu.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying direction, in the investigation pending on the file of the respondent 1, for the reasons stated above, to alter the section of F.I.R in Cheyyur P.S Cr.No.50 of 2023 from 447 and 427 of I.P.C to Section 447 I.P.C and 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

For Petitioner : M/s.R.Abirami For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking for a direction to the first respondent to alter the sections in F.I.R in Cr.No.50 of 2023, pending on the file of the respondent Police, from Sections 447 and 427 of I.P.C to Section 447 I.P.C and Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

2. The learned Additional Public Prosecutor, on instructions, would submit that the F.I.R was registered only on 06.02.2023 under Sections 447 and 427 of I.P.C. The investigation is in progress. If, in the course of investigation, the respondent Police collect sufficient materials, the offences 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. 04.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, Cheyyur Police Station, Chengalpattu district.

2. The Village Administrative Officer, No:193, Jameenputhur Village, Madhurnthakam TK, Chengalpattu.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 04.09.2023 4/4