J.Kalaiselvan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Kalaiselvan, S/o.Jeganathan

...Petitioner

Vs 1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (Cyber Cell) CCB, Joint Commissioner, Washermenpet, Chennai.

3.The State rep by The Inspector of Police, Esplanade Police Station, Lower Bazaar, Chennai.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondent to alter offence by including the Sections 109, 469, 503 and 507 of IPC in Crime No.190 of 2023 dated 03.08.2023 on the file of respondent police. 1/4

For Petitioner : Mr.Stalin Selva Sekaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the offence by including Sections 109, 469, 503 and 507 of IPC in Crime No.190 of 2023 on the file of respondent police.

2. Learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered only on 03.08.2023 for offences under Section 67 of Information Technology Act, 2000 and Section 506(i) IPC. 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 2/4

FIR or file the final report by adding the necessary offences made out. All those persons against whom the offences are made out, shall be added as accused persons in the final report.

This Criminal Original Petition is disposed of accordingly. 14.09.2023 Index : Yes/No Speaking order:Yes/No apd/gm To 1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (Cyber Cell) CCB, Joint Commissioner, Washermenpet, Chennai.

3.The Inspector of Police, Esplanade Police Station, Lower Bazaar, Chennai.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

apd/gm 14.09.2023 4/4