Madras High CourtCRL OP/27732/2022dismissed

Sanjeevi v. The Superintendent Of Police

2022-11-14Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Sanjeevi ...

Petitioner /vs/ 1.The Superintendent of Police, SP Office, Kallakurichi.

2.The Sub Inspector of Police, Chinnasalem Police Station, (Crime No.300/2022) ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the 2nd respondent to alter the FIR and include sections 34, 109, 325,448,307 IPC r/w Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and also implead other accused in crime No.300/2022 dated 01.09.2022 on the file of the Sub Inspector of Police, Chinnasalem Police Station, Kallakkurichi District.

For Petitioner ... Mr. K.Murugesan For Respondents ... Mr.S.Santhosh Govt.Advocate (Crl.side)

ORDER

This criminal original petition has been filed to direct the 2nd respondent to alter the FIR and include sections 34, 109, 325,448,307 IPC r/w Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and also implead other accused in crime No.300/2022 dated 01.09.2022 on the file of the Sub Inspector of Police, Chinnasalem Police Station, 2.When the matter is taken up for hearing, the learned Govt. Advocate (Crl.side) submitted that the case is under investigation. The petitioner's request is, to alter the offences under Sections 34, 109, 325, 448, 307 IPC r/w Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The respondent police, during the investigation, has found as to what offences committed by the accused persons, based on which, they have charged the accused persons in accordance with the offences committed by them.

3. Therefore, during the investigation stage, it is not proper to direct the respondent police to add the offences under Sections 34, 109, 325,448,307 IPC r/w Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. It is the domain of the police/ investigating officer to decide and come to the conclusion. Based on the available evidence, they have charged the accused persons in accordance with the offences committed by them. Hence, I find no merits. Accordingly, the criminal original petition is dismissed.

Index : Yes/No 14.11.2022 Internet : Yes/No sms To 1.The Superintendent of Police, SP Office, Kallakurichi.

2.The Sub Inspector of Police, Chinnasalem Police Station, (Crime No.300/2022) 3.The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM ,J.

sms 14.11.2022