M.Meeran v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.9.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Meeran

...Petitioner

Vs.

1.The Commissioner of Police, Commissioner Office, Avadi Range, Avadi, Chennai.

2.The Inspector of Police, T-15, SRMC Police Station, Ayyappanthangal, Chennai-56.

3.The Sub-Inspector of Police, T-15, SRMC Police Station, Ayyappanthangal, Chennai-56.

...Respondents

Criminal Original Petition under Section 482 of the Code of Criminal Procedure to direct the respondents to alter the FIR in Crime No.489 of 2023 on the file of the third respondent from Sections 448, 427 and 506(I) to Sections 294(b), 354, 427, 448, 451 and 506(II) of the Indian Penal Code and Section 4 of the Women Harassment Act and consequently conduct a de no investigation and file a final report within a time frame as fixed by this Court by considering the petitioner's 1/4

representation dated 12.7.2023.

For Petitioner : Mr.V.Parthiban For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to the respondent police to alter the FIR in Crime No.489 of 2023 on the file of the respondent police from Sections 448, 427 and 506(I) of the Indian Penal Code to Sections 294(b), 354, 427, 448, 451 and 506(II) of the Indian Penal Code and under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and consequently conduct a de no investigation and file a final report within a time frame as fixed by this Court by considering the petitioner's representation dated 12.7.2023.

2. The learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 06.7.2023 for offences under Sections 448, 427 and 506(I) of the Indian Penal Code, that the investigation is in progress and that If, in the course of investigation, the respondent police collect sufficient materials, the offenses will be altered accordingly.

3. In view of the above submissions, there shall be a direction to 2/4

the respondent Police to continue with the investigation effectively and based on the materials collected during the course of investigation, the respondent police is directed to either alter the FIR or file the final report by adding the necessary offences that were made out.

4. This Criminal Original Petition is disposed of accordingly. 05.9.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To 1.The Commissioner of Police, Commissioner Office, Avadi Range, Avadi, Chennai.

2.The Inspector of Police, T-15, SRMC Police Station, Ayyappanthangal, Chennai-56.

3.The Sub-Inspector of Police, T-15, SRMC Police Station, Ayyappanthangal, Chennai-56.

4.The Public Prosecutor, High Court, Madras.

rka N.ANAND VENKATESH, J rka 3/4

05.9.2023 4/4