Madras High CourtCRL OP/7854/2016closed

R.Dillikumar v. The Commissioner Of Police

2016-06-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.7854 of 2016 R.Dillikumar Petitioner Vs 1.State rep by The Commissioner of Police Chennai.

2.State rep by The Inspector of Police W-18, All Women Police Station MKB Nagar, Chennai Crime No.1489/2015 Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to alter the FIR, which was registered in Cr.No.1489/2015 by including sections 376, 313, 120-B r/w 201 IPC apart from Section 4 of the POCSO Act, investigate the same and to file final report within a time frame.

For petitioner :

Mr.R.Bakyaraj For Respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent to alter the FIR, which was registered in Cr.No.1489/2015 by including sections 376, 313, 120-B r/w 201 IPC apart from Section 4 of the POCSO Act, investigate the same and to file final report within a time frame.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint lodged by one Dillikumar, the respondent police have registered a case in Cr.No.1489/2015 on 21.12.2015 for an offence u/s 4 of Protection of Children from Sexual Offences Act, 2012 [in short 'POCSO' Act] against one Gokulakannan and the investigation is in progress. It is the case of the petitioner that the said Gokulakannan had sexually https://hcservices.ecourts.gov.in/hcservices/

abused petitioner's daughter. Hence, the petitioner has filed the present application with the above prayer.

4. In cases arising under the POCSO Act, it is imperative for the respondent to record the statement of the victim girl u/s 164 Cr.P.C. and subject the victim and the accused to medical examination. The direction as prayed for by the petitioner cannot be issued u/s 482 Cr.P.C. However, if during the course of investigation, evidences relating to the commission of serious offences surfaces, it is needless to state that the respondent shall file an Alteration Report or include them in the Final Report.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gms To 1.The Commissioner of Police,Chennai.

2.The Inspector of Police,W-18, All Women Police Station,MKB Nagar, Chennai.

3.The Public Prosecutor, High Court, Chennai. Crl.OP No.7854 of 2016 lrs co kra 14.07.2016 https://hcservices.ecourts.gov.in/hcservices/