Petitioner sought direction to police to alter FIR adding grave offences. Court held FIR cannot be amended under Cr.P.C. and closed the petition as police may file closure report based on evidence availability.
The prayer to direct the second respondent to alter the FIR was not granted and the Criminal Original Petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.O.P.No.11316 of 2016
T.Subramanian ...Petitioner
Vs.
State Represented by:
1.The Superintendent of Police,
Tiruvannamalai District,
Tiruvannamalai.
2.The Inspector of Police,
Desur Police Station,
Vandavasi Taluk,
Tiruvannamalai District
Pin – 604 501.
3.Kathiresan @ Namakkarar ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the 2nd respondent to alter the FIR adding the provisions of Sections 430, 506(ii), 307, 379 & 430 of IPC., on the basis of the complaint given by the petitioner and hold proper investigation in accordance with law and to file a final report within a stipulated time.
For Petitioner : Mr.M.Boopathy For Respondents : Mr.C.Emalias [R1 & R2] Additional Public Prosecutor O R D E R
This Criminal Original Petition has been filed to direct the second respondent to alter the FIR., adding the provisions of Sections 430, 506(ii), 307, 379 & 430 of IPC., on the basis of the complaint given by the petitioner and to investigate the same in accordance with law and to file a final report within a stipulated time.
Crl.O.P.No.11316 of 2016
2 issues framed by the court
Whether the second respondent can be directed to alter the FIR by adding grave offences.
Whether FIRs can be amended under the Code of Criminal Procedure unlike the Code of Civil Procedure.
1 provisions across 1 enactments
T. Subramanian
State Represented by The Superintendent of Police
The Inspector of Police
Kathiresan @ Namakkarar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
