Madras High CourtCRL OP/31512/2019disposed of

C.N.Vasantharaja v. State

2020-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 31512 of 2019 C.N.Vasantharaja ... Petitioner Vs.

State:

The Inspector of Police, Sevvapet Police Station, Thiruvallur District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to alter the offences under Sections 147, 148, 341, 324 & 379 of IPC and to include the Sections 397 and 307 of IPC in the above Crime No.435 of 2019 and secure the accused. For Petitioner : Mr.G.Mohanakrishnan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed for a direction to direct the respondent / police to include the offence under Sections 397 and 307 IPC, apart from Sections 147, 148, 341, 324 & 379 IPC in Crime No.435 of 2019 and to secure the accused.

2. Initially, upon a complaint lodged by the petitioner, the respondent has registered a case in Crime No.435 of 2019 for the offence under Sections 147, 148, 341, 324 and 379 IPC. Now, the petitioner seeks a direction to include the offence under Sections 397 and 307 IPC.

3. The learned Additional Public Prosecutor, on instructions, submitted that the investigation in the said case is still under progress and the Police have to investigate further.

4. Considering the above facts and circumstances, this Criminal Original Petition is disposed of, with a direction to the respondent that, if anything found to attract the offence https://hcservices.ecourts.gov.in/hcservices/

under Sections 397 and 307 IPC on interrogation, he shall alter the offences accordingly.

Sd/- Assistant Registrar(ADI-MDU) //True Copy// Sub Assistant Registrar kv To

1. The Inspector of Police, Sevvapet Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Mohanakrishnan, Advocate SR.19490 CRL.O.P.No. 31512 of 2019 SSD(CO) CB(18/06/2020) https://hcservices.ecourts.gov.in/hcservices/