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Madras High CourtCRL OP(MD)/5315/2016closed

K.S.Bose Kumar v. The Commissioner Of Police

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 5.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.5315 of 2016 K.S.Bose Kumar ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2. The Deputy Commissioner of Police, Law and Order, Madurai City.

3. The Inspector of Police, Law and Order, South Gate Police Station, Madurai City.

4. Usha

5. Rajeshwari ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents 1 to 3 to alter the charges in the first information report in Crime No.218 of 2016 on the file of the third respondent South Gate Police Station, Law and Order, Madurai City.

For Petitioner : Mr.R.Narayanan For R1 to R3 : Mrs.S.Prabha Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed for a direction to the respondents 1 to 3 to alter the charges in the first information report in Crime No.218 of 2016 on the file of the third respondent South Gate Police Station, Law and Order, Madurai City.

2. On the complaint lodged by the petitioner, the third respondent police has registered a case in Crime No.218 of 2016 on 11.03.2016 for the offences under Sections 448, 427 and 506(i) of I.P.C. https://hcservices.ecourts.gov.in/hcservices/ against one Usha and Rajeswari. While so, the petitioner has come forward with this petition for a direction to the respondent police to

alter the F.I.R. Unlike the Code of Criminal Procedure where the pleadings can be amended, the F.I.R. once registered cannot be amended. However, during investigation, if materials relating to serious offences surface, it is always open to the respondent police to add the same in the final report.

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

Sd/ Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The Commissioner of Police, Madurai City.

2. The Deputy Commissioner of Police, Law and Order, Madurai City.

3. The Inspector of Police, Law and Order, South Gate Police Station, Madurai City.

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

+1cc to M/S.R.Narayanan, Advocate in SR.No.19249 Crl.O.P(MD)No.5315 of 2016 05.04.2016 akv PA/SDR-SH/09.05.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/