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[Cites 9, Cited by 0]

Madras High Court

Seyed Ahamed vs The Superintendent Of Police on 18 May, 2022

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                          1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.05.2022

                                                       CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.9710 of 2022

                    Seyed Ahamed
                    S/o. Umar Sayithu                                              ... Petitioner
                                                       Versus
                    1. The Superintendent of Police,
                        District Police Superintendent Office,
                        Chengalpattu.


                    2. The Inspector of Police,
                        Chunabedu Police Station,
                        Chengalpattu.                                           ... Respondent



                    PRAYER: Criminal Original Petition filed under Section 482 of the Code

                    of Criminal Procedure, to direct the second respondent to alter the FIR in

                    Crime No.44 of 2022 by invoking offence under Section 307, 426, 427

                    and 441 IPC in addition to offences in the FIR and to file a final report in

                    manner to law in a stipulated time.


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https://www.mhc.tn.gov.in/judis
                                                             2

                                          For Petitioner         : Mr. I.Abdul Basith

                                          For Respondents : Mr. E.Raj Thilak

                                                                  Additional Public Prosecutor

                                                           ORDER

This Criminal Original petition has been filed to direct the second respondent to alter the FIR in Crime No.44 of 2022 by invoking offence under Sections 307, 426, 427 and 441 IPC in addition to offences in the FIR.

2. The learned Additional Public Prosecutor on instructions would submit that the FIR was registered only on 05.02.2022 for offences under Sections 294(b), 323, 324 an 506(ii) IPC and 3(1) of TN Public Property (Prevention of Damage & Loss) Act, 1992. The investigation is in progress. If in the course of investigation, the respondent police collect sufficient materials, the offenses will be altered accordingly and those involved in the crime will be shown as accused persons.

3. In view of the above submission, there shall be a direction to the respondent Police to continue with the investigation effectively and based 2/4 https://www.mhc.tn.gov.in/judis 3 on the materials collected during the course of investigation, either alter the FIR or file the final report by adding the necessary offences made out.

All those persons against whom the offences are made out, shall be added as accused persons in the final report.

4. This Criminal Original Petition is disposed of accordingly.




                                                                                        18.05.2022

                    Index      : Yes/No
                    Internet   : Yes/No

Speaking Order/Non-Speaking Order bkn To

1. The Superintendent of Police, District Police Superintendent Office, Chengalpattu.

2. The Inspector of Police, Chunabedu Police Station, Chengalpattu.

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https://www.mhc.tn.gov.in/judis 4 N. ANAND VENKATESH, J.

bkn Crl.O.P No.9710 of 2022 18.05.2022 4/4 https://www.mhc.tn.gov.in/judis