A.Aandi, M/42 Yrs, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.18573 of 2017 Mr.A.Aandi ... Petitioner Vs.
1. The District Collector, Salem District, Salem.
2. The Superintendent of Police (Rural), District Police Office, Nethimedu.
3. The Revenue Divisional Officer, Vinayagapuram, Attur Taluk, Salem District.
4. The Inspector of Police, Ethapur, Pethanaickanpalayam Taluk, Salem District.
5. The Sub-Inspector of Police, Kariyakoil, Pethanaickanpalayam Taluk, Salem District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to alter the First Information Report registered in Crime No.32/2017 on the file of the 5th respondent Police by including Sec.498 (A), 302 & 304B of IPC and to conduct investigation as expeditiously as possible by remanding the petitioner's son in law Sri. Dhanapalan, the father in law of the petitioner's deceased daughter Kattaraman, the brother in law of the petitioner's deceased daughter Chelladurai and mother in law of the petitioner's deceased daughter named as Valli into police custody and to file a final report within a stipulated time.
For Petitioner : Mr.T.P.Prabakaran For Respondents: Mr.K.Prabakar Additional Public Prosecutor.
ORDER
This petition has been filed to direct the respondents to alter the First Information Report registered in Crime No.32/2017 on the file of the 5th respondent Police by including Sec.498 (A), 302 & 304B of IPC and to conduct investigation as expeditiously as possible by remanding the petitioner's son in law Sri.Dhanapalan, the father in law of the petitioner's deceased daughter Kattaraman, the brother in law of the petitioner's deceased daughter Chelladurai and mother in law of the petitioner's deceased daughter named as Valli into police custody and to file a final report within a stipulated time. 2.Mr.K.Prabakar, learned Additional Public Prosecutor submitted that already the investigation has been completed and filed final report and the same has been taken cognizance in S.C.No.277 of 2018 on the file of the Magila Court, Salem. 3.The learned counsel for the petitioner submitted that there is a material to attract offences under Sections 498(A), 302 & 304(B) of IPC.
4.Considering the above circumstances, alter the FIR does not arise. Now, the investigation has been completed and filed final report and the same has been taken cognizance in S.C.No.277 of 2018 is pending with trial. Therefore, this Court is not inclined to grant the relief sought for in the petition. However, the petitioner is at liberty to invoke provisions under Sections 216 and 319 of Cr.P.C. during trial. 5.With the above direction, the Criminal Original Petition is dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To
1. The District Collector, Salem District, Salem.
2. The Superintendent of Police (Rural), District Police Office, Nethimedu.
3. The Revenue Divisional Officer, Vinayagapuram, Attur Taluk, Salem District.
4. The Inspector of Police, Ethapur, Pethanaickanpalayam Taluk, Salem District.
5. The Sub-Inspector of Police, Kariyakoil, Pethanaickanpalayam Taluk, Salem District.
6. The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.18573 of 2017 MG(CO) GS(01/09/2020)