Madras High CourtCRL OP(MD)/14123/2020closed

K.Chandra v. The Superintendent Of Police

2020-12-09Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14123 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14123 of 2020 Chandra : Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, Virudhunagar District, Virudhunagar-626 001.

2. The Inspector of Police, Thiruchuli Police Station, Thiruhuli, Virudhunagar District.

(Crime No.343 of 2020) : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents herein to cause further investigation in the First Information Report filed in the crime No.343 of 2020 on the file of the second respondent (Thiruchuli Police Station) and include the appropriate Sections of Indian Penal Code as directed by this Court.

For Petitioner : Mr.P.Santhoskumar For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the respondents herein to cause further investigation in the First Information Report filed in the crime No.343 of 2020 on the file of the second respondent (Thiruchuli Police Station) and include the appropriate Sections of Indian Penal Code as directed by this Court. 2.The learned counsel appearing for the petitioner would submit that the petitioner herein was attacked by the accused persons, due to which, she suffered with multiple injury. He would further submit that the petitioner preferred a complaint narrating the incident before the second respondent police. However, the second respondent registered a case by not including the appropriate sections of the Indian Penal Code for the actual offence committed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14123 of 2020 by the accused persons. Hence, the petitioner filed the present petition seeking the aforesaid relief.

3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the respondent police, after investigation, altered the Sections into 147, 448, 324, 354, 379 IPC and Section 4 of the Women's Harassment Act and a counter case also registered in Crime No.344 of 2020 for the offence under Sections 147, 234, 427, 506(i) IPC.

4.Recording the above submission, this criminal original petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gns NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Superintendent of Police, Virudhunagar District, Virudhunagar-626 001.

2. The Inspector of Police, Thiruchuli Police Station, Thiruhuli, Virudhunagar District.

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

Crl.O.P.(MD)No.14123 of 2020 09.12.2020 KG(CO) CS(07.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2