Petitioner sought direction under Section 482 Cr.P.C to alter the charged section from 174 to 302 IPC. The Apex Court noted the underlying case was closed and no further action taken, leading to dismissal of the petition with liberty.
The petition is closed as no proceeding survives; liberty granted to work out remedy in accordance with law.
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: 12.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.23430 of 2018
R.Poongodi, W/o.Ravi ... Petitioner Vs.
The State Rep by Inspector of Police, Olakkur Police Station, Villupuram District. ... Respondent
PRAYER: Criminal Original petition has been filed under Section 482 of Cr.P.C prayed to direct the respondent to alter the Section from 174 Cr.P.C to 302 of IPC in Crime No.131 of 2017.
For Petitioner : R.Selvakumar
For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to direct the respondent to alter the Section from 174 Cr.P.C to 302 of IPC in Crime No.131 of 2017.
2.The learned Additional Public Prosecutor submitted that the case has been closed and Further Action Dropped on 17.10.2021 vide RCS.No.22 of 2018 before the Judicial Magistrate-I, Tindivanam.
3.Recording the same, nothing survives in this criminal original petition and the same is closed. However, liberty is granted to the petitioner to work out his remedy in accordance with law.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Vv
To
Crl.O.P.No.23430 of 2018
GSM(CO) GN(09/08/2021)
1 issue framed by the court
Whether the High Court must direct the respondent to alter the offence from Section 174 Cr.P.C to Section 302 IPC in the underlying criminal case.
1 provisions across 1 enactments
R. Poongodi, W/o. Ravi
The State Rep by Inspector of Police, Olakkur Police Station, Villupuram District
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
