Disposed

Mohanraj v. State Rep. by

Madras HC2 Jul 2015CRL OP/16265/2015

Case brief

AI extract

What is this about?

The Court noted the absence of a provision in Cr.P.C. for FIR amendment. Held that the police must file an alteration report or include new offences in the final report. Directed the Deputy Superintendent of Police to monitor the investigation instead of ordering specific charge alteration.

What did the court decide?

The Deputy Superintendent of Police was directed to monitor the investigation in Crime No.284 of 2015.

Mohanraj Vs State Rep. by — Madras HC (2015) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 02.07.2015

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.OP.No.16265 of 2015

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Mohanraj ... Petitioner/Complainant

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State rep.by The Inspector of Police, Edapadi Police Station, Salem District. ... Respondent

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Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to investigate in Crime No.284 of 2015 and to alter under Section from 294B, 324, 323 IPC into 294B, 324, 323, 326, 307 and 506(ii) IPC against Mani, Kumaresan and Sivaraj.

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For Petitioner :Mr.R.Balakrishnan

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For Respondent :Mr.C.Emalias

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Additional Public Prosecutor

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ORDER

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Seeking a direction to the respondent to investigate in Crime No.284 of 2015 and to alter under Section from 294B, 324, 323 IPC into 294B, 324, 323, 326, 307 and 506(ii) IPC against Mani, Kumaresan and Sivaraj, the petitioner has come up with this petition.

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

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3.Unlikes, the Code of Civil Procedure, there is no provision in the Code of Criminal Procedure for amendment of FIR. During the course of investigation, if any offence comes to light, it is always open to the respondent police either to file an alteration report before the concerned Court or include the same in the final report. The Deputy Superintendent of Police, under whose jurisdiction Edapadi falls, is directed to monitor the investigation in Crime No.284 of 2015.

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https://hcservices.ecourts.gov.in/hcservices/

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With the above direction, this Criminal Original Petition is disposed of.

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mps

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s/d-
Assistant Registrar(J)
True Copy
Sub-Assistant Registrar
To
1.The Inspector of Police,
Edapadi Police Station,
Salem District.
2.The Public Prosecutor,
High Court, Chennai.
+ 1 cc to Mr.R.Balakrishnan, Advocate SR 32720
sr(co)
prk14/7
Crl.OP.No.16265 of 2015
02.07.2015

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https://hcservices.ecourts.gov.in/hcservices/

Mohanraj v. State Rep. by

Case brief

What is this about?

What did the court decide?

Mohanraj v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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