N.Seethraman v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Seethraman ... Petitioner Vs.

The State Rep.by Sub-Inspector of Police, Berigai Police Station, Krishnagiri District - 635 117. ... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent Police i.e., Sub Inspector of Police, Berigai Police Station, Krishnagiri District to include all offences committed by the accused in Crime No.67 of 2024 on his file as such statement given by the petitioner dated 10.04.2024 while the petitioner was admitted in the hospital.

For Petitioner : Mr.C.Samivel For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the respondent Police to include all the offences committed by the accused in Crime No.67 of 2024 based on the statement given by the petitioner dated 1/5

10.04.2024 while he was admitted in the hospital.

2. Learned counsel for the petitioner submitted that due to previous enmity between the petitioner's family and the accused persons, the accused had threatened the petitioner and his family with deadly weapons and also brutally attacked them and that they were admitted in the hospital. While the petitioner was in hospital, the respondent-Police recorded his statement and registered the complaint in Crime No.67 of 2024 under Sections 147, 448, 294(b), 324 and 506(ii) IPC. He further submitted that though the petitioner and his family had attacked by goondas, they sustained grievous life threat injuries and was admitted in the hospital. All the allegations levelled against the accused fall under Sections 326, 307 and 427 IPC, however, the respondent police registered the case only under Section 324 IPC alone. Therefore, F.I.R has to be altered.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record.

4. On a perusal of the records, it is seen that the allegations levelled against the accused persons are grave in nature, however, based on the 2/5

statement given by the petitioner the respondent police registered the case in Crime No.67 of 2024 under Sections 147, 448, 294(b), 324 and 506(ii) IPC.

5. It is settled proposition of law that F.I.R is not an encyclopaedia and it need not contain all facts and it is only first information to set the law in motion. In the case on hand, since the investigation is still pending and final report is yet to be filed, the relief sought for by the petitioner is premature.

6. In view of the above, this Criminal Original petition is dismissed. However, the respondent/Police is directed to conduct fair investigation and file a final report in an appropriate manner. 12.11.2024 Index: Yes/No Speaking Order : Yes/No ms 3/5

To 1.

The Sub-Inspector of Police, Berigai Police Station, Krishnagiri District - 635 117.

2.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 12.11.2024 5/5