Pachaiyammal v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.24868 of 2019 Pachaiyammal

...Petitioner

Vs

1. The state rep. by, The Superintendent of Police, Perambalur, Perambalur District.

2. The State rep.by, Inspector of Police, Maruvathur Police Station Perambalur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Crl.P.C, praying to direct the second respondent to alter the First Information Report under Section 307, 323, 324, 326, 294 (b) and 506(i) IPC, instead of Section 294(b), 323 and 506(i) IPC, in Crime No.133 of 2019 pending on the file of second respondent of police.

For Petitioner : Mr.D.Arun For Respondents : Saratha Devi Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioner submitted that the averments in the complaint clearly constitute the ingredients of offence under Section 307 IPC, which has not been incorporated in the First Information Report. Therefore, seeks for alteration of the offences.

In my view, such alteration cannot be directly ordered by this Court, which requires to be done based on the statements obtained during the course of investigation.

https://hcservices.ecourts.gov.in/hcservices/

The learned Government Advocate (Criminal Side) submitted that the investigation has almost completed and the respondent are at the stage of filing a charge sheet. In this back ground, if the respondent police is directed to file a final report within a stipulated time, the ends of justice could be secured.

In the light of the above observation, there shall be a direction to the respondent police to complete the investigation in Crime No. 133 of 2019 within a period of two weeks from the date of receipt of a copy of this order and file a final report.

This Criminal original Petition stands disposed of accordingly.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sbn/vsn To

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

2. The Inspector of Police, Maruvathur Police Station, Perambalur District.

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

+1 cc to Mr.D.Arun, Advocate, S.R.No.85746 Crl.O.P.No.24868 of 2019 (CO) SSM(04/11/2019) https://hcservices.ecourts.gov.in/hcservices/