Neethimannan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9851 of 2016 Neethimannan ..Petitioner Vs The Inspector of Police Sankar Nagar Police Station Pammal, Chennai 600 075.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to alter the Sections 341, 336, 324 and 307 IPC instead of Sections 341, 336, 324, 323 in Cr.No.972 of 2016.

For Petitioner :

Mr.S.Sairaman for Mr.V.Lakshminarayanan For Respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to alter the Sections 341, 336, 324 and 307 IPC instead of Sections 341, 336, 324, 323 in Cr.No.972 of 2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint given by the petitioner, a case in Cr.No.972/2016 was registered for offences u/s 341, 336, 324 and 323 IPC and during the course of investigation, the petitioner was examined by medical practitioner, who has opined that the injury sustained by him is simple in nature.

4. Under such circumstances, the FIR cannot be altered as prayed for by the petitioner. However, during the course of trial, if higher offence gets disclosed, it is always open to the trial Court to alter the charges u/s 216 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

Recording the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gms To

1. The Inspector of Police Sankar Nagar Police Station Pammal, Chennai 600 075.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V. Lakshmi Narayanan, Advocate, S.R.No.30672 SAI(CO) EU(16/06/2016) Crl.OP No.9851 of 2016 https://hcservices.ecourts.gov.in/hcservices/