Madras High CourtCRL OP/8386/2016dismissed

M.Gandeeban v. The Inspector Of Police

2016-04-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.8386 of 2016 M.Gandeeban ... Petitioner Vs.

The Inspector of Police Arambakkam Police Station, Tiruvallur District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the respondent police to alter the FIR in Crime No.151 of 2015 by incorporating the appropriate provisions of IPC for abetment of suicide and take action against the accused persons in accordance with law.

For Petitioner : Mr.N.Anand Venkatesh For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent police to alter the FIR in Crime No.151 of 2015 by incorporating the appropriate provisions of IPC for abetment of suicide and take action against the accused persons in accordance with law.

2.The learned counsel for the petitioner submitted that the petitioner's son one Tamilarasu has been missing from 20.06.2015. Hence, he has lodged a complaint before the respondent police on 22.06.2015. Hence, a case has been registered in Crime No.151 of 2015 on 22.06.2015. Subsequently, he came to know that a case has been registered in Crime No.129 of 2015 on 27.06.2015 by the Guntur Urban Police Station, Kothapet under Section 174 of Cr.P.C. for suspicious death stating that he committed suicide. Now, the petitioner has come forward with this petition for altering the provision of law in Crime No.151 of 2015.

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3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that since a case in Crime No.129 of 2015 has been registered under Section 174 of Cr.P.C., there is no need to alter the penal provision in Crime No.151 of 2015 and prays for the dismissal of the petition. 4.Considering the rival submissions made on both sides, I do not find any reason to alter the FIR in Crime No.151 of 2015 and this petition deserves to be dismissed. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To

1. The Inspector of Police Arambakkam Police Station, Tiruvallur District.

2. The Public Prosecutor High Court, Madras.

Crl.O.P.No.8386 of 2016 JSV(CO) CA(04/05/2016) https://hcservices.ecourts.gov.in/hcservices/