Madras High CourtCRL OP(MD)/13806/2015disposed of

M.Selvaraj v. The Superintendent Of Police

2015-07-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.13806 of 2015 M.Selvaraj ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Thanjavur District.

2.The Inspector of Police, Thogur Police Station, Thanjavur District (Crl.No.63/15) ..Respondents PRAYER:

This petition is preferred under Section 482 Cr.P.C to direct the second respondent police to alter the FIR in Crime No.63 of 2015 on the file of Thogur Police Station, by including relevant Sections 326, 120 (b), 460, 307, 506(ii) IPC as against the accused persons, in accordance with law and pass any such further or other orders as this Court may deem fit and proper to the circumstances of the case. For Petitioner : Mr.M.Sendhilkumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C seeking a direction to the second respondent police to alter the FIR in Crime No.63 of 2015 on the file of Thogur Police Station, by including relevant Sections 326, 120(b), 460, 307, 506(ii) IPC as against the accused persons, in accordance with law.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the State. 3.Seeking alteration of charges, the petitioner has come forward to file this petition. Though the learned counsel for the petitioner made reliance upon the statement said to have been given by the wife of the petitioner, a perusal of the petition would show that the accused person, by name, Pandian is said to have attacked the petitioner on the head with wooden log. The petitioner is also being an in-patient for a period of one month and his skull was also broken.

4. Considering the same, this Court is inclined to direct the respondent No.2 to include the offence under Section 307 IPC and proceed with the investigation. So far as the other accused are concerned, https://hcservices.ecourts.gov.in/hcservices/

alteration will be considered based upon the wound certificate.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police,District Police Office,Thanjavur District.

2. The Inspector of Police,Thogur Police Station,Thanjavur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.M.SENDHILKUMAR, ADVOCATE, SR NO:40411 ses JAM/7.8.15-2P-5C Crl.O.P(MD).No.13806 of 2015 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/