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Madras High CourtCRL OP(MD)/7412/2016ordered

Vellaikalai v. The Superintendent Of Police

2016-06-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.7412 of 2016 Vellaikalai .. Petitioner .Vs.

State through 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Vikramangalam Police Station, Madurai District (Crime No.25 of 2016) .. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the 2nd respondent to alter the FIR and include the Section 307 IPC on the basis of the petitioner's complaint dated 21.04.2016 in Crime No.25/2016 on its file. For Petitioner :Mr.V.Balaji For Respondent :Mr.A.P.Balasubramani Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the 2nd respondent to alter the FIR and include the Section 307 IPC on the basis of the petitioner's complaint dated 21.04.2016 in Crime No.25/2016.

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

3. The learned Government Advocate (Crl. Side), on instructions, would submit that as there are prima facie materials to infer that offence under section 307 IPC might have been committed, after getting the medical report from the hospital, necessary steps will be taken to alter the First Information Report by including the offence under Section 307 IPC. There is also an undertaking by the 2nd respondent to file the final report within a period of four months from the date of receipt of a copy of this order.

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4. Under such circumstances, this petition is ordered recording the above undertaking.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Vikramangalam Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.V.Balaji, Advocate SR.No.28055 sm:ARK-PV:SAR II:14/6/2016:2P/5C Crl.O.P(MD)No.7412 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/