Madras High CourtCRL OP(MD)/8125/2017closed

Mr.P.Thandapani v. The Inspector Of Police

2017-06-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.8125 of 2017 and Crl.M.P.No.5500 /2017 P.Thandapani .. Petitioner Vs.

The Inspector of Police Thideer Nagar Police Station, Madurai City Crime NO.448/2017 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to direct the respondent to alter the First Information Report in Crime No.448/2017 dated 10.06.2017 pending on the file of the respondent to Section 304A IPC within time frame stipulated by this Court.

For Petitioners : Mr.Pinaygash For Respondents : Mr.K.Anbarasan Government Advocate (Crl. side)

ORDER

It is seen that on the complaint of one Srinivasan, the respondent police registered a case in Crime No.448/2017 on 10.06.2017 under Section 174 Cr.P.C. in connection with the death of one Kalidoss. While so, this petitioner, who is the relative of Kalidoss has filed the present petition with the above prayer.

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

3. In the considered opinion of this Court, no such directions can be granted to the respondent police to alter an FIR under Section 482 Cr.P.C. It is always open to the respondent police to proceed with the investigation and during investigation, if material surface, they can file an alteration report before the concerned Magistrate.

4. With the above direction, this criminal original petition is closed. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) / True Copy / Sub Assistant Registrar(C.S.) https://hcservices.ecourts.gov.in/hcservices/

To 1.The Inspector of Police Thideer Nagar Police Station,Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.63048 RR MAS/MR-KKR/SAR1:19.07.2017:2P-4C Crl.O.P.(MD)No.8125 of 2017 and Crl.M.P.No.5500 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/