Madras High CourtCRL OP/32434/2019disposed of

Kalpana v. State Represented By

2019-12-02Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No. 32434 of 2019 Kalpana

...Petitioner

-VsThe State rep.by Inspector of Police Santhavasal Police Station Thiruvannamalai District Crime No.551/2019.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to pass an order directing the respondent to alter the offence under Sections 147, 294(b), 323, 354(B), 324, 307, 506(ii) of IPC and Section 4 of Prohibition of Harrassment of Woman Act, 1998 instead of under Sections 147, 294(b), 323 of IPC in the above Crime No.551/2019. For Petitioner : Mr.R.Balakrishnan For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the respondent police to alter the FIR.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered on 18.11.2019 for the offences under Sections 147, 294(b) and 323 of IPC. The investigation is in progress. If in the course of investigation, the respondent police collected sufficient materials, the offenses will be accordingly altered and all the accused persons will be brought to book.

3. In view of the above submission, there shall be a direction to the respondent to continue the investigation effectively and based on the materials collected during the course of investigation, either alter the FIR or file the final https://hcservices.ecourts.gov.in/hcservices/

report by showing the necessary offences. All the persons involved in the crime also be made as accused persons.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Santhavasal Police Station Thiruvannamalai District 2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Balakrishnan,Advocate Sr.No. 100275 AKM/19.12.19/2P-4C / Crl.O.P.No.32434 of 2019 https://hcservices.ecourts.gov.in/hcservices/