Madras High CourtCRL OP(MD)/8349/2020disposed of

Sahul Hameed v. The Superitendent Of Police

2020-09-07Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8349 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8349 of 2020 S.Sahul Hameed ... Petitioner/De facto Complainant Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai Road, Pudhukottai-622 001.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottaipattinam-614 619.

3.The Inspector of Police, Mimisal Police Station, Pudhukkottai District-614 621.

(Crime No.268 of 2020) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to alter the provision of 147, 307, 324, 387, 294(b), 506(ii) of IPC 3(1) of the Tamil Nadu Property (Prevention of Damages and Loss) Act 1992 instead of 147, 427, 448, 294(b) 323, 506(i) of I.P.C in Crime No.268 of 2020 registered by the third respondent police.

For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The criminal original petition has been filed to direct the respondents to alter the Section 147, 307, 324, 387, 294(b), 506(ii) of I.P.C., 3(1) of the Tamil Nadu Property (Prevention of Damages and Loss) Act 1992 instead of Section 147, 427, 448, 294(b) 323, 506(i) of I.P.C in Crime No.268 of 2020 pending on the file of the third respondent police.

2.Today, when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the First Information Report pertains to this petition was registered only on 03.07.2020 for the offence under Sections 147, 427, 448, 294(b) 323 and 506(i) of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8349 of 2020 I.P.C. The Investigation is in progress. If in the course of investigation, the respondent police collected sufficient materials, the offence will be accordingly altered and all the accused persons will be brought to book.

3.In view of the above submission, there shall be a direction to the respondents police to continue the investigation effectively and based on the materials collected during the course of investigation, either alter the First Information Report or file a final report by showing the necessary offences. All the persons involved in the crime shall also be made as accused persons. 4.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai Road,Pudhukottai-622 001.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottaipattinam-614 619.

3.The Inspector of Police, Mimisal Police Station, Pudhukkottai District-614 621.

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

Crl.O.P.(MD)No.8349 of 2020 07.09.2020 AP(22/09/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2