M.Madhammal v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 26078 of 2019 M. Madhammal ... Petitioner Vs.

State by Inspector of Police, Hogenakkal Police Station, Dharmapuri District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to alter the offences under Sections 294(b), 323, 324 of IPC from simple in nature to grave in nature which would attract offences under Sections 326 & 506(II) of IPC of the FIR in Crime No.116 of 2019 pending on the file of the respondent police. For Petitioner : Mr.P.Govindarajan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed for a direction to direct the respondent police to alter the offences under Sections 294(b), 323, 324 of IPC from simple in nature to grave in nature which would attract offences under Sections 326 & 506(II) of IPC of the FIR in Crime No.116 of 2019 pending on the file of the respondent police.

2. The learned Additional Public Prosecutor submitted that the investigation has already been completed and final report has been filed and the same has been taken cognizance in C.C.No.82 of 2019 on the file of the learned Judicial Magistrate, Pennagaram.

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3. In view of the above submission, to alter the offence from under Sections 294(b), 323, 324 of IPC to under Sections 326 & 506(II) of IPC in Crime No.116 of 2019 pending on the file of the respondent police cannot be granted. Accordingly this Criminal Original Petition is dismissed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar kv To

1. The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.

2. The Public Prosecutor, High Court, Madras.

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