Madras High CourtCRL OP(MD)/3206/2019disposed of

V.Thangavel, v. The Superintendent Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3206 of 2019 V.Thangavel :Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

: Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to alter the First Information Report and include the offence under Section 307 IPC in Crime No.62 of 2019 along with 294(b) and 506(ii) IPC on the file of the second respondent.

For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed for altering the FIR to include the offence under Sections 307 IPC in Crime No.62 of 2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police.

3. Originally the FIR is registered for the offence under Section 294(b) and 506(ii) IPC.

4. The learned Government Advocate (Crl.Side) submitted that the case has been charge sheeted and final report is laid before the learned Judicial Magistrate, Rajapalayam on 14.02.2019 and it is yet to be taken on file.

5. In view of the above submission, since the trial Court only has got the power under Section 173 (8) Cr.P.C., to order for further investigation, if it requires, this Court does not want to interfere with the same at this stage. However, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

at liberty to pursue such remedy as may be available to him under law before the concerned Magistrate.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) ta To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

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

1 CC to M/s.M.GNANAGURUNATHAN, Advocate ( SR-54436[F] dated 15/03/2019 ) Crl.O.P.[MD]No.3206 of 2019 15.03.2019 DS/ /SAR- (12.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/