Madras High Court
S.Vasantha Kumar vs State Rep By Its on 12 August, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.OP.No.11959 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.11959 of 2020
S.Vasantha Kumar
S/o Selvaraj
D.No.126/3, Padma Illam
Mamangam Post
Salem District. ... Petitioner
Vs.
State Rep by its
The Sub-Inspector of Police
Thalaivasal Police Station
Salem District. ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to direct the respondent to alter the First Information Report in
Crime No.371 of 2019 dated 05.12.2019 for the offence punishable under
Sections 279, 337, 338 & 307 of IPC instead of sections 279 & 337 of
IPC and to investigate the same in accordance with law and to file final
report within a time stipulated by this Court.
For Petitioner : Mr.N.Vijaya Basker for
M/s Law Vision
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor.
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Crl.OP.No.11959 of 2020
ORDER
The Criminal Original Petition has been filed to direct the respondent to alter the First Information Report in Crime No.371 of 2019 dated 05.12.2019 for the offence punishable under Sections 279, 337, 338 & 307 of IPC instead of sections 279 & 337 of IPC and to investigate the same in accordance with law and to file final report within a time stipulated by this Court.
2.The learned counsel for the petitioner would submit that the respondent police has left the Section 307 of IPC in the FIR.
3.The learned Additional Public Prosecutor would submit that the respondent already filed final report in Crime No.371 of 2019 and the same has been taken cognizance in S.T.C. No.681 of 2020. Under such circumstance further investigation cannot be ordered. 2/4 http://www.judis.nic.in Crl.OP.No.11959 of 2020
4.Considering the above submissions, the petitioner is at liberty to invoke the provisions under Sections 216 and 319 of Cr.P.C., before the trial Court, during trial.
5.With the above direction, the Criminal Original Petition is disposed of.
Jer 12.08.2020
Index:Yes/No
Internet: Yes/No
To
1.The Sub-Inspector of Police
Thalaivasal Police Station
Salem District.
2.The Public Prosecutor
Madras High Court
Chennai.
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Crl.OP.No.11959 of 2020
G.K.ILANTHIRAIYAN, J.
Jer
Crl.O.P.No.11959 of 2020
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Crl.OP.No.11959 of 2020
12.08.2020
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