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Madras High CourtCRL MP(MD)/9370/2018ordered

Murugan v. The Inspector Of Police

2018-11-15Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.9370 of 2018 IN CRL OP(MD) No.18288 of 2018 1 MURUGAN 2 SUDALAIKANNU,S/O VANUMALAI 3 SUDALIKANNU,S/O NADARAJAN 4 VETTU SUBBAIAH ... PETITIONERS/PETITIONERS Vs THE STATE REP. BY THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.

IN CRIME NO. 413 OF 2018 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to amend the sections 147,148,294(b),307,323,324 and 506(ii) of IPC instead of sections 294(b),323,324 and 506(ii) of IPC in Crl.OP(MD)No. 18288/2018, dated 11.10.2018 in crime No. 413 of 2018 on the file of the respondent police.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.G.RADHAKRISHNAN, Advocate for the petitioners and of MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to amend the Sections 147, 148, 294(b), 307, 323, 324 and 506(ii) of IPC instead of 294(b), 323, 324 and 506 (ii) of IPC in Crl.O.P.(MD)No.18288 of 2018, dated 11.10.2018. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is submitted that subsequently, the respondent police had filed the alteration report by altering the Sections as 147, 148, 294(b), 307, 323, 324 and 506(ii) of IPC, due to which, the petitioner could not execute the sureties before the Court below. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the reasons stated in the petition, this amendment petition is ordered. Registry is directed to carry out the necessary amendment in the main criminal original petition. 4.The time for surrender and execution of sureties is extended by two weeks from the date of receipt of a copy of this order. sd/- 15/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VALLIYOOR, TIRUNELVELI DISTRICT 2 DOT THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to MR.G.RADHAKRISHNAN Advocate SR.No.21653

ORDER

IN CRL MP(MD) No.9370 of 2018 IN CRL OP(MD) No.18288 of 2018 Date :15/11/2018 MSI/RR/SAR-I/22.11.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/