Madras High CourtCRL OP(MD)/3081/2016disposed of

Jeyalakshmi v. The Commissioner Of Police

2016-02-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3081 of 2016 Jeyalakshmi ... Petitioner vs.

1.The Commissioner of Police Office of the Commissioner of Police Madurai District 2.The Assistant Commissioner of Police Office of the Commissioner of Police Madurai District 3.The State through The Inspector of Police All Women Police Station Thiruparankundram Madurai District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the third respondent to alter the FIR by including the Sections 3 and 4 of Dowry Prohibition Act in Crime No.175 of 2014, on the file of the third respondent and consequently direct the second respondent to complete the investigation in the said cause within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the third respondent Police to alter the F.I.R., in Crime No.175 of 2014 by including Sections 3 and 4 of Dowry Prohibition Act and to complete the investigation at an early date.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. On a complaint lodged by the petitioner, the respondent Police have registered a case in Crime No.175 of 2014, on 20.02.2014, for the offences punishable under Sections 498(A), 406, 506(i) I.P.C., and Section of 4 of T.N.W.H.Act.

4. Now, the petitioner seeks alteration of the F.I.R., by including the offences under Dowry Prohibition Act also. Unlike the Civil Courts, where pleadings can be amended, in Criminal Courts F.I.R., cannot be amended. However, during investigation, if the respondent Police obtain evidence to show that provisions of Dowry Prohibition Act have been violated, it is needless to say that the same should be included in the final report and not otherwise. Accordingly, this criminal original petition is dismissed.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar krk To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai District.

2.The Assistant Commissioner of Police, Office of the Commissioner of Police, Madurai District.

3.The Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District.

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

+1CC to Mr.R.Alagumani Advocate Sr.No.10311 GJM/SKS/RR/4.3.16-2p-6c Crl.O.P.(MD) No.3081 of 2016 22.02.2016 https://hcservices.ecourts.gov.in/hcservices/