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Madras High CourtCRL OP/25218/2023disposed of

Thangaraj v. The Superintendent Of Police,

2024-03-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.25218 of 2023 Thangaraj .. Petitioner .Vs.

1.The Superintendent of Police District Superintendent of Police Office Nethimedu, Salem Salem District-636 104.

2.The Deputy Superintendent of Police The Deputy Superintendent of Police Office Valapadi Division, Valapadi Taluk Salem District.

3.The Sub Inspector of Police Karumandurai Police Station Karumandurai, Salem District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent police to include the sections of Indian Penal Code (under Sections of 294(b), 307 IPC) and read with Sections of Scheduled Caste and Scheduled Tribe (Prevention in Atrocities) Act, 1989) as against the accused person in connection with the case in Crime No.125 of 2023 on the file of the 3rd respondent police based on the statement and representation given by the petitioner dated 5.9.2023 and 22.9.2023 consequently to file the final report within stipuated time may be fixed.

For Petitioner : Mr.M.Ramalingam For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 3rd respondent to include the Sections of Indian Penal Code (under Sections of 294(b), 307 IPC) and r/w Sections of Scheduled Caste and Scheduled Tribe (Prevention in Atrocities) Act, 1989) as against the accused person in Crime No.125 of 2023 and to file final report. 2.The learned Government Advocate (Crl.Side) on instructions submitted that the investigation has been completed and a final report has been filed before the learned Judicial Magistrate No.II, Attur and the same has been taken on file in STC No.207 of 2024, for the offence under Sections 279 and 337 IPC. 3.In view of the above development, the relief as sought for by the petitioner cannot be granted by this Court. However, during the course of trial, if any other offence is also established, the Court below has sufficient powers to alter the charge under Section 216 Cr.PC. Except giving this clarity, no further orders can be passed in this petition.

This criminal original petition is disposed of in the above terms. 06.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Superintendent of Police District Superintendent of Police Office Nethimedu, Salem Salem District-636 104.

2.The Deputy Superintendent of Police The Deputy Superintendent of Police Office Valapadi Division, Valapadi Taluk Salem District.

3.The Sub Inspector of Police Karumandurai Police Station Karumandurai, Salem District.

4.The Public Prosecutor High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.25218 of 2023 06.03.2024