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Madras High CourtCRL OP/24468/2021disposed of

P.Sakthivel v. State Rep By

2021-12-17Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.24468 OF 2021 P.Sakthivel, S/o, Perumal ... Petitioner

Versus

The State Rep. by The Inspector of Police, Peelamedu Police Station, Peelamedu, Coimbatore.

... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to alter the case registered under sections 147, 148, 427 and 448 IPC offences registered in Crime No.868 of 2021 dated 30.09.2021 in to 147, 148, 427, 448, 294(b), 506(ii) IPC and under section 3 and 4 of TNPPDL Act.

For Petitioner :

Mr.V.Logeswaran For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondent police to alter the case registered for the offence punishable under sections 147, 148, 427 and 448 IPC in Crime No.868 of 2021 dated 30.09.2021 into offence punishable under sections 147, 148, 427, 448, 294(b), 506(ii) IPC and under section 3 and 4 of TNPPDL Act.

2. Learned counsel for the petitioner would submit that On 30.09.2021, the accused trespassed into his house along with some other persons and caused damages to the tune of Rs.5,00,000/- and also threatened him with dire consequences. https://hcservices.ecourts.gov.in/hcservices/

Though the offence made out is grave in nature, the respondent police registered the case only under sections 147, 148, 427 and 448 IPC. Hence the petition.

3. Learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint, Crime No.868 of 2021 was registered for the offence under sections 147, 148, 427 and 448 IPC. He further would submit that if the petitioner made a representation, the same would be considered and if materials found, appropriate section would be included.

4. In view of the submissions, the petitioner is directed to make representation before the respondent police. Thereafter, if materials found, the respondent police is directed to include appropriate section.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mfa To 1.

The Inspector of Police, Peelamedu Police Station, Peelamedu, Coimbatore.

2.

The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.24468 OF 2021 GP(CO) PBS/10/01/2022 https://hcservices.ecourts.gov.in/hcservices/