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Madras High CourtCRL OP(MD)/4872/2016closed

Arul Mozhi v. The Superintendent Of Police

2016-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4872 of 2016 Arulmozhi ... Petitioner Vs.

1.

The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.

The Deputy Superintendent of Police, Office of the Superintendent of Police, Manamadurai District.

3.

The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the respondent No.3 to alter the F.I.R. by including Sections 3 and 4 of Dowry Prohibition Act in Crime No.28 of 2015 on the file of the respondent No.3, consequently direct the respondent No.2 to complete the investigation and file charge sheet in the said case within the time stipulated by this Court. For Petitioner :

Mr.R.Alagumani For Respondents :

Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

The petitioner has filed this petition to direct the respondent No.3 to alter the F.I.R. by including Sections 3 and 4 of Dowry Prohibition Act in Crime No.28 of 2015 on the file of the respondent No.3, consequently direct the respondent No.2 to complete the investigation and file charge sheet in the said case within the time stipulated by this Court.

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2. When the case was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that after obtaining the

report from the Social Welfare Officer in Cr.NO.28 of 2015, the investigation has been completed and final report has been filed in C.C.No.72 of 2016 before the learned Judicial Magistrate, Manamadurai for the offences under Sections 498(A) and 406 I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

3. This Court cannot force the police Officer to file final report by including certain Sections. During the course of trial, if evidence surfaces in respect of the other offences, it is always open to the trial Court to alter the charges. With the above observations, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.

The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.

The Deputy Superintendent of Police, Office of the Superintendent of Police, Manamadurai District.

3.

The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

4.

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

ssl JM/AN-MP/11.04.2016/2P-5C Crl.O.P.(MD) No.4872 of 2016 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/