Madras High CourtCRL OP(MD)/7705/2014disposed of

A. Nallasivan v. The Superintendent Of Police

2018-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.7705 of 2014 A.Nallasivan ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the second respondent to alter the provisions already mentioned in the FIR under Section 294(b), 324 and 506(ii) IPC into Section 326 and 307 IPC in Crime No.120 of 2014 on the file of the second respondent. For Petitioner: Mr.F.X.Eugene For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This criminal original petition is filed to direct the second respondent to alter the provisions already mentioned in the First Information Report under Sections 294(b), 324 and 506(ii) IPC into Sections 326 and 307 IPC in Crime No.120 of 2014 on the file of the second respondent.

2.The learned Additional Public Prosecutor would submit that the investigation in crime No.120 of 2014 on the file of the second respondent police has been completed, charge sheet has been laid for the offences under Sections 294(b), 324, 326 and 506(ii) IPC., and the same has been taken cognizance in C.C.No.1167 of 2014 on the file of the learned Judicial Magistrate, Sankarankovil.

3.Recording the said submission made by the learned Additional Public Prosecutor, this petition is disposed of. However, it is needless to say that if there is any material at the time of examination of witnesses to attract the offence under https://hcservices.ecourts.gov.in/hcservices/

Section 307 IPC, it is open to the petitioner to invoke the provision of 216 Cr.P.C.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Judicial Magistrate, Sankarankovil.

2. The Superintendent of Police, Tirunelveli, Tirunelveli District.

3. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

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

+1cc to Mr.F.X.Eugene, Advocate Sr.No.84781 MYR VB/SKN/SAR3/09.10.2018/2P/6C Crl.O.P.(MD).No.7705 of 2014 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/