Madras High CourtCRL OP/30233/2018disposed of

R.Seerangan v. The Deputy Superintendent Of Police

2018-12-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30233 of 2018 R.Seerangan ...petitioner ..Vs..

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruchengodu, Nammakkal District.

2.The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal District. ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to alter the offence in FIR as Sec.294 (b), 307 of IPC and 3(1)(x) of SC/ST Act instead of Sec.294(b), 324 and 506 (ii) in Cr.No.306 of 2018 pending on the file of 2nd Respondent Police. For Petitioner : Mr.P.Saravanan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking for alteration of the offence in the FIR.

2.The respondent Police has registered an FIR in Cr.No.306 of 2018 for the offences under Section 294 (b), 324 and 506 (ii) of IPC. According to the learned counsel for the petitioner, the allegations also make out a case under Section 307 IPC and also the offence under the SC/ST Act. The petitioner has also given a representation to the respondent police on 25.06.2018 in this regard. However, till date the FIR has not been altered.

3.The learned Additional Public Prosecutor would submit that the respondent police is investigating the matter and in the course of investigation, if the offence is made out, the https://hcservices.ecourts.gov.in/hcservices/

same will be included in the FIR or it will be included at the time of filing of the final report.

4. This Criminal Original Petition is disposed of, with a direction to the second respondent to continue with the investigation and also consider the representation given by the petitioner and in the course of investigation, if any other offence is made out, the same shall be added in the FIR or at the time of filing of the final report.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tta To 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruchengodu, Nammakkal District.

2.The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Saravanan, Advocate, S.R.No.89857 Crl.O.P.No.30233 of 2018 GN(10/01/2019) https://hcservices.ecourts.gov.in/hcservices/