Madras High CourtCRL OP(MD)/15278/2015disposed of

V. Kumar v. The Sub Inspector Of Police

2015-08-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.15278 of 2015 V.Kumar ... Petitioner Vs.

The Sub-Inspector of Police, A.Mukkulam Police Station, Thiruchuzhi Taluk, Virudhunagar District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the respondent to alter the Sections, as file the averments mentioned in the petition, dated 20.02.2015 and to file alteration report as early as possible in the above Crime No.49 of 2015. For Petitioner : Mr.V.Maharajan For Respondent : Mr.K.Anbarasan Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent to alter the Sections, as the averments mentioned in the petition, dated 20.02.2015 and to file alteration report as early as possible in the above Crime No.49 of 2015.

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case in Crime No.49 of 2015 has been registered for the offences under Sections 147, 148, 294(b) and 506(ii) of the Indian Penal Code, but whereas the proposed accused have committed theft by breaking out the Temple Hundi and therefore prayed for filing of an alternative report.

3. At this juncture, the learned Government Advocate (Criminal Side) would submit that after investigation and also after serving notice in R.C.S.No.1606027 dated 27.07.2015, the report has been filed before the Court and hence, prays for dismissal of this Criminal Original Petition. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the rival submissions made on either side

and also considering the fact that the investigation has already been over and referred charge-sheet notice has also been filed and served and the report has also been filed before the Court, the petitioner is at liberty to approach the appropriate forum.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Sub-Inspector of Police, A.Mukkulam Police Station, Thiruchuzhi Taluk, Virudhunagar District.

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

PS TE/AN-MP/SAR(I) 05/09/2015 2P/3C Crl.O.P(MD)No.15278 of 2015 07.08.2015 https://hcservices.ecourts.gov.in/hcservices/