Ramkumar v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.31566 of 2019 Ramkumar, (M/Aged 23 years) S/o.Ramesh, No.48A, Thiruveethi Amman Koil Street, Aminjikarai, Chennai - 600 029.
... Petitioner/Defacto Complainant Vs.
State Rep by its:
1. The Commissioner of Police, Office of the Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 007.
2. The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.
... Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent to alter the FIR in Crime No.720 of 2019 dated 28.10.2019 under Sections 341, 294(b), 323, 324, 506(ii) of IPC based on the petitioner's representation to include Section 307 of IPC and Section 397 of IPC in Crime No.720 of 2019 pending on the file of the 2nd respondent. For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the 2nd respondent to alter the FIR in Crime No.720 of 2019 dated 28.10.2019 under Sections 341, 294(b), 323, 324, 506(ii) of IPC based on the petitioner's representation to include Section 307 of IPC and Section 397 of IPC in Crime No.720 of 2019 pending on the file of the 2nd respondent.
2. The learned Additional Public Prosecutor would submit that on the complaint lodged by the petitioner, the second 1/2 https://hcservices.ecourts.gov.in/hcservices/
respondent police registered a case in Crime No.720 of 2019 for the offence under Sections 341, 294(b), 323, 324 and 506(2) of IPC.
3. It is grievance of the petitioner, the second respondent police did not accept the materials submitted by the petitioner.
4. In such circumstances, the second respondent is directed to receive the materials submitted by the petitioner in respect of Crime No.720 of 2019. On receipt of the materials, if the second respondent police found any cognizable offence as requested by the petitioner, the second respondent is directed to alter the offence accordingly and complete the investigation and file a final report within a period of eight weeks from the date of receipt of a copy of this order. Needless to say that the petitioner shall co-operate in the investigation with the second respondent police.
5. With the above direction, this Criminal Original Petition is disposed of.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kv To
1. The Commissioner of Police, Office of the Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 007.
2. The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.
3. The Additional Public Prosecutor, High Court of Madras.
Crl.O.P.No.31566 of 2019 sks(co) aa10/09/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/