Madras High CourtCRL OP(MD)/17153/2018disposed of

Umadevi, W/O.G.Palmurugan, v. The Inspector Of Police,

2018-09-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.17153 of 2018 Umadevi

...Petitioner

-vsThe Inspector of Police, Tirunelveli Medical College Hospital Police Station, Palayamkottai, Tirunelveli.

...Respondent

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to incorporate/include the Sections 354, 442 I.P.C and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in the First Information Report filed in Crime No.75 of 2018 against the accused by the respondent police.

For Petitioner: Mr.Y.Krishnan For Respondent: Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed for a direction to the respondent police to include certain Sections in the First Information Report that has been registered by the respondent police in Crime No.75 of 2018.

2.The learned counsel for the petitioner would submit that a plain reading of the complaint given by the petitioner would attract the provisions of Section 354, 442 I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998. 3.The learned Government Advocate (Criminal Side) would submit that the respondent police in the course of investigation, have altered the F.I.R and added Section 4 Tamil Nadu Prohibition of Harassment of Women Act. He would further submit that the case is at the stage of the investigation and if the police finds that the provisions of Sections 354, 442 I.P.C, are attracted in the course https://hcservices.ecourts.gov.in/hcservices/

of investigation, the same will be added and thereafter, a final report will be filed before the appropriate court. 4.In view of the above, there shall be a direction to the respondent police to continue with the investigation and file a final report by adding appropriate provisions in accordance with the materials collected during the course of investigation. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-II) To 1.The Inspector of Police, Tirunelveli Medical College Hospital Police Station, Palayamkottai, Tirunelveli.

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

+ 1 CC TO MR.Y.KRISHNAN, ADVOCATE IN SR NO.87040 DAS BU/SV/SAR-2 :24.10.2018 : 2P/4C CRL.O.P.(MD)No.17153 of 2018 26.09.2018 https://hcservices.ecourts.gov.in/hcservices/