This court directed the police respondent to investigate and include persons omitted from the FIR within three months if an offence is made out against them.
Police directed to investigate and add omitted persons to FIR within three months if an offence is made out.
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Crl.O.P.No. 9887 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 9887 of 2023
M/s Jana Small Finance Bank LTD ( Branch Office Address No.259/4/129, Saradha College Road, Opp to Anna Salai, Swaranapurai, Salem) ( Branch Office Address No.28/36) Firs Floor, South West Boag Road, T.Nagar, Cheenai – 600 17 Represented by its Authorized Officer Mr. Veerabagu
...Petitioner/Defacto Complainant
Vs.
State Represented by The Inspector of Police Central Crime Branch, Salem District Crime No.12 of 2021 ... Respondent/complainant
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to alter the FIR by include the offended person and make an enquiry and to file an additional fresh FIR and to file a final report and pass orders.
For Petitioner : Mr. V. Balasubramani For Respondent : Mr.S. Santhosh Govt. Advocate( Crl Side)
Page 1 of 4
O R D E R
Crl.O.P.No. 9887 of 2023
This Criminal Original Petition has been filed seeking a
direction to the respondent to alter the FIR by including the offended person and make an enquiry and to file an additional fresh FIR and to file a final report.
2. The case of the petitioner is that he is working in the petitioner's finance company and it is alleged that some employees of the said company entered into a criminal conspiracy and swindled the funds of the company, due to which a F.I.R was registered before the respondent in the above Crime Number. The grievance of the petitioner is that the respondent have not included some of the main accused in the F.I.R. Hence this petition.
submitted that the petitioner lodged a compliant before the First respondent police, who inturn registered the same. However, some persons who have committed the crime was not shown in the F.I.R and to add them as accused the petitioner has filed this present petition.
Page 2 of 4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 9887 of 2023
directs the respondent to investigate the case and if any offence is made out as against the persons whose names have not included in the F.I.R, the respondent is directed to add them in the F.I.R within a period of
three months from the date of the receipt of a copy of this order.
04.05.2023
Internet: Yes Index: Yes/No Speaking/non-speaking order
To
1. The Inspector of Police Central Crime Branch, Salem District 2. The Public Prosecutor, High Court, Madras.
Page 3 of 4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 9887 of 2023
G.K.ILANTHIRAIYAN, J. smn
Crl.O.P.No.9887 of 2023
04.05.2023
Page 4 of 4 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the respondent police ought to be directed to include certain persons not mentioned in the existing FIR in the investigation.
1 provisions across 1 enactments
M/s Jana Small Finance Bank Ltd
State
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
