M.Sathish v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN N.Sathish ... Petitioner Vs.

1.The Superintendent of Police, Ranipet, Ranipet District.

2.The Inspector of Police, Arakkonam Taluk, Ranipet District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, 2023, pleased to direct the respondents to alter the FIR in Crime No.210 of 2024 pending on the file of the respondent to include the 5th accused as a induced person based on the complaint given by the petitioner to take proper action against the persons who are involved in the offence on 30.05.2024.

For Petitioner : Ms.S.Sasikala For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

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The petitioner herein is the complainant in Crime No.210 of 2024, pending on the file of the respondent police. Alleging that four persons named in the FIR had come to his house and attacked him brutally only on the instigation of his wife and hence she ought to have been added as 5th accused, however, her name is not included and therefore, the police has to add her as 5th accused and act upon the complaint properly. Therefore, direction must be issued to the respondent to alter the FIR by including the 5th accused.

2.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the complaint of the petitioner is specifically about four persons, the investigation has been conducted and almost completed. Though it is now alleged that four persons named in the FIR attacked the petitioner on the instigation of his wife Indhirani, investigation does not disclose anything about the instigation or abetment of Indhirani. The investigation is completed and final report filed before the concerned Judicial Magistrate on 04.07.2024 and same is yet to be taken on file.

3.

Considering the fact that the FIR itself does not whisper about Indhirani, wife of the complainant/petitioner and the investigation 2/4

does not disclose any role of the said Indhirani in the alleged incident, the prayer sought in this Criminal Original Petition is not sustainable and hence the same stands dismissed.

06.09.2024 Index : Yes/No rpl To 1.The Superintendent of Police, Ranipet, Ranipet District.

2.The Inspector of Police, Arakkonam Taluk, Ranipet District.

3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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