Suresh @ Gopalakrishnan v. Inspector Of Police

Crl.O.P.No.22120 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.10.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.22120 of 2023 Suresh @ Gopalakrishnan ... Petitioner -vsThe Inspector of Police, Villupuram Taluk, Villupuram

...Respondent

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to alter the F.I.R in Crime No.699 of 2023 as under Sections 324, 294(b) and 506(ii) and 307 IPC and Section 3(1) (r), 3(1) (s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 instead of 324, 294(b), 506 (ii) of IPC on the file of the respondent consequently file a final report within a stipulated period by conducting fair investigation. For Petitioner : Mr.K.Thenraj For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

ORDER

Pending investigation, the victim had come before this Court for altering the FIR and to include the provisions under the SC and ST Act. https://www.mhc.tn.gov.in/judis Page No.1/2

Crl.O.P.No.22120 of 2023 Dr.G.JAYACHANDRAN, J.

2. The alteration of charges pending investigation is the domain of the Investigation Officer and if there is any omission at the time of filing the final report, the concerned Court will take note of it and frame appropriate charges at that stage. Thus, the petitioner can move the concerned Court for appropriate direction. Pending investigation such direction cannot be given by this Court, it will tantamount to interfere with the free and fair investigation. Hence, this Original Petition is dismissed.

05.10.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Inspector of Police, Villupuram Taluk, Villupuram 2.The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.22120 of 2023 https://www.mhc.tn.gov.in/judis Page No.2/2