S.R.Mala v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8168 of 2016 S.R.Mala Petitioner vs.

The Inspector of Police Magudanchavadi Police Station Salem District.

Respondent Criminal Original Petition filed under Section 482, Cr.P.C. to direct the respondent police to alter the FIR in Crime No.39 of 2016, by adding the offences under Sections 307 and 506(ii) of IPC against all the accused persons named in the FIR. For petitioner Mr.S.Sathish Rajan For respondent Mrs. Kritika Kamal P.

Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent police to alter the FIR in Crime No.39 of 2016, by adding the offences under Sections 307 and 506 (ii) of IPC against all the accused persons named in the FIR.

2. In view of the law laid down by the Supreme Court in Shariff Ahmed and others vs. State (NCT of Delhi) [(2009) 14 SCC 184], a direction to the respondent police to conduct the investigation in a particular manner cannot be issued.

3. Hence, this petition for a direction to the respondent police to alter the FIR is not maintainable. Accordingly, this petition is dismissed. However, the respondent police is directed to complete the investigation in Crime No.39 of 2016 and file a closure report or final report as the case may be under due intimation to the de facto complainant. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

mk To

1. The Inspector of Police Magudanchavadi Police Station Salem District.

2. The Public Prosecutor High Court, Madras.

+1 CC to Mr.S.Sathish Rajan, advocate sr 29144. Crl.O.P. No.8168 of 2016 SP(27/04/2018) https://hcservices.ecourts.gov.in/hcservices/