Madras High CourtCRL OP(MD)/2279/2016closed

Vellathai v. The Superintendent Of Police

2016-02-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2279 of 2016 Vellathai ... Petitioner -vs1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Perunali, Kamudhi Taluk, Ramanathapuram District.

3. The Sub-Inspector of Police, Perunali Police Station, Perunali, Kamudhi Taluk, Ramanathapuram District.

Cr.No.1 of 2016 ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent to alter the FIR by incorporating the offences under Sections 506(ii), 147 and 307, 351, 354 IPC in addition to the offences under Sections 294(b), 323 and 324 IPC and to investigate the same in accordance with law. For Petitioner : Mr.M.Muniasamy For Respondents : Mr.K.V.Rajarajan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the 3rd respondent to alter the FIR by incorporating the offences under Sections 506(ii), 147 and 307, 351, 354 IPC in addition to the offences under Sections 294(b), https://hcservices.ecourts.gov.in/hcservices/ 323 and 324 IPC and to investigate the same in accordance with law.

2. This petition for alteration of FIR is not maintainable, as there is no procedure to alter the FIR under the Code of Criminal Procedure. Of course, alteration of FIR can be done during the course of enquiry, if other offences surfaces.

3. With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(C.S. -I) /True Copy/ Sub Assistant Registrar To:

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

2. The Inspector of Police, Perunali, Kamudhi Taluk, Ramanathapuram District.

3. The Sub-Inspector of Police, Perunali Police Station, Perunali, Kamudhi Taluk, Ramanathapuram District.

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

+1cc to Mr.M.Muniasamy, Advocate Sr.No.8342 akm/16.02.2016/2p-6c/NGM/SS/SAR-I Crl.O.P.(MD) No.2279 of 2016 https://hcservices.ecourts.gov.in/hcservices/