K.Chinnaiyan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.1.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.449 of 2024 K.Chinnaiyan

...Petitioner

Vs.

1.The Superintendent of Police, Nagapattinam.

2.The Inspector of Police, Velipalayam Police Station, Nagapattinam District.

...Respondents

Criminal Original Petition under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to file altered first information report based on the suicide note of the deceased/petitioner's son and proceed with the investigation against the accused person in Crime No.529 of 2022 in accordance with law.

For Petitioner : Ms.R.Pushpalatha For Respondents : Mr.A.Damodaran, APP 1/5

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ORDER

This Criminal Original petition has been filed seeking to direct the second respondent to file altered first information report based on the suicide note of the deceased/petitioner's brother's son and proceed with the investigation against the accused person in Crime No.529 of 2022 in accordance with law.

2. The learned Additional Public Prosecutor, on instructions, would submit that the FIR was registered on 10.12.2022 for an offence under Section 174 of the Criminal Procedure Code, that the investigation is in progress, that if, in the course of investigation, the second respondent police collects sufficient materials, the offenses will be altered accordingly and that those involved in the crime will be shown as accused persons.

3. In view of the above submissions, there shall be a direction to the second respondent to continue with the investigation effectively and based on the materials collected during the course of investigation, 3/5

either alter the FIR or file the final report by adding the necessary offences made out. All those persons, against whom the offences are made out, shall be added as accused persons in the final report.

4. This Criminal Original Petition is disposed of accordingly. 11.1.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To 1.The Superintendent of Police, Nagapattinam.

2.The Inspector of Police, Velipalayam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

rka 4/5

N.ANAND VENKATESH, J rka 11.1.2024 5/5