Madras High CourtCRL OP(MD)/6671/2019dismissed

Karumuthukumar v. The Superintendent Of Police

2019-06-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.6671 of 2019 Karumuthukumar ... Petitioner Vs.

1. The Superintendent of Police Thanjavur District Thanjavur

2. State Represented by the Inspector of Police Vallam Police Station Vallam Thanjavur District ... Respondents (Crime No.84/2019) Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the 2nd respondent police to alter the F.I.R in Crime No.84 of 2019 and to include major offences as per averments in the F.I.R.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent police to alter the F.I.R in Crime No.84 of 2019 and to include major offences as per averments in the F.I.R.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.On perusal of records, it is seen that based on the complaint given by the petitioner, the respondent police has registered a case in Crime No.84 of 2019 for the offence under Sections 147, 148, 341, 294(b), 323, 324, 427 and 506(ii) I.P.C. During the course of investigation, if any major offence is found, it is the duty of the police to file the final report based on the investigation for appropriate offence. At this stage, this Court cannot direct the respondent police to alter the F.I.R. However, the respondent police is directed to expedite the investigation and to file the final report within a period of three months from the date of receipt of a copy of this order.

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4.With the above direction, this Criminal Original Petition is dismissed.

sd/ Assistant Registrar(crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Inspector of Police Vallam Police Station Vallam Thanjavur District

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

+1 CC to Mr.S.DEENADHAYALAN, Advocate (SR-67128[F] dated 06/06/2019 ) Crl.O.P.(MD)No.6671 of 2019 04.06.2019 msa MK (17.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/