Disposed

Ragupathi v. the Inspector of Police

Madras HC7 Aug 2023CRL OP/17500/2023

Case brief

AI extract

What is this about?

In this Criminal Original Petition, the High Court addressed a prayer to alter charges in a pending criminal case. The Court held that charge alteration under Section 216 Cr.PC is an exclusive power of the Trial Court and refused to intervene, leaving it open to the trial court to consider materials and decide on altering charges.

What did the court decide?

The Criminal Original Petition was disposed of with a direction to the trial court to consider available materials and decide whether to alter the framed charges.

Ragupathi Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2023)

¶1

Crl.O.P.No.17500 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 07.08.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

¶6

Crl.O.P.No.17500 of 2023

Ragupathi

.. Petitioner

Vs.

The Inspector of Police, Erode Taluk Police Station, Erode District.

¶11

Thiyaneshwaran

¶12

Parvathi

¶13

.. Respondents

¶14

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial magistrate, Additional Mahila Court, Erode to frame appropriate charges in CC No.01 of 2023.

¶15

For Petitioner : M.Guruprasad

¶16

For Respondent No. : A.Damodharan

¶17

Additional Public Prosecutor Madras High Court.

¶18

O R D E R

¶19

This Criminal Original petition has been filed for a

¶20

direction to the learned Judicial Magistrate, Additional Mahila Court, Erode

¶21

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

¶22

1/5

¶23

Crl.O.P.No.17500 of 2023

¶24

to frame appropriate charges in CC No.01 of 2023.

¶25

2. Heard Mr.M.Guruprasad, learned counsel for the

¶26

petitioner and A. Damodaran, learned Additional Public Prosecutor for 1^st respondent.

¶27

The respondent police on completion of investigation has filed a final report before the Court below and the same has been taken on file in CC No.1 of 2023 and the Court below has taken cognizance for offences under Section 294(b), 324, 506(ii) IPC. According to the petitioner, the materials that are available on record will clearly bring this case for offences under Section 294(b), 323, 324, 307 and 506(ii) IPC. In view of the same, the petitioner is seeking for a direction to the Court below to alter the charges which have already been framed.

¶28

In the considered view of this Court, the power of the Trial Court to alter the charges under Section 216 of Cr.PC is an exclusive power vested for the Court and generally, neither the defacto complainant nor the accused / nor the prosecution can seek for any addition / alteration

¶29

2/5

¶30

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

¶31

Crl.O.P.No.17500 of 2023

¶32

of the charges.

¶33

This Court exercising its jurisdiction under Section 482

¶34

of Cr.PC cannot keep on micro managing the proceedings that are pending before the Trial Court. All the materials pertaining to the case is available with the Trial Court and it is left open to the Trial Court to alter the charges considering the materials and the offence made out and such power is available to the Court till a final judgment is passed in the case. Therefore, this Court leaves it open to the Court below to consider the materials available and to take a decision as to whether the charges will have to be altered. Except giving this clarity, no further orders can be passed in this criminal original petition.

¶35

This Criminal Original petition is disposed of with the

¶36

above directions.

¶37

07.08.2023

¶38

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka

¶39

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

¶40

3/5

¶41

Crl.O.P.No.17500 of 2023

¶42

¶43

The Judicial magistrate, Additional Mahila Court, Erode

¶44

The Inspector of Police, Erode Taluk Police Station, Erode District.

¶45

The Public Prosecutor Madras High Court, Madras.

¶46

4/5

¶47

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

¶48

Crl.O.P.No.17500 of 2023

¶49

N.ANAND VENKATESH, J

¶50

rka

¶51

Crl.O.P.No.17500 of 2023

¶52

07.08.2023

¶53

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

¶54

5/5

Ragupathi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Ragupathi v. the Inspector of Police

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

Case details

Similar cases

Sureshkumar Vs the Sub Inspector of Police

Sathishkumar Vs State Rep by

Subhash Chandra Bhargava Vs Kotak Mahindra Bank Ltd.

Ganesan Vs Robert Inkarsal

Shanmugam Vs Inspector of Police

Vellingiri Vs Inspector of Police