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2016 Supreme(Mad) 906
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
Sathyamoorthy - Petitioner
Vs.
The Superintendent of Police, Thanjavur District, Thanjavur & Ors. - Respondents
Crl.O.P.(MD) No.4735 of 2016
Decided On : 17-03-2016
For the Petitioner: Mr. M. Sankar
For the Respondents:Mr. K.V. Rajarajan Govt. Advocate (Crl. Side)
Under the Code of Criminal Procedure, FIR cannot be amended, but the police can file an alteration report if serious offences come to light during the investigation.
Headnote:
FIR Amendment - Criminal Procedure - The court held that while FIR cannot be amended under the Code of Criminal Procedure, it is open to the police to file an alteration report if serious offences come to light during the investigation.
Fact of the Case:
The petitioner sought to direct the respondent to alter the FIR based on the petitioner's representation, as the registered FIR was for lesser offences than those disclosed in the petitioner's complaint.
Finding of the Court:
The court noted that while the petitioner's complaint disclosed non-bailable offences, the police had registered the FIR for lesser offences. The court emphasized that unlike civil procedure, FIR cannot be amended, but the police can file an alteration report if serious offences come to light during the investigation.
Issues: The issue was whether the police could alter the FIR based on the petitioner's representation of the commission of non-bailable offences.
Ratio Decidendi: The court's decision was influenced by the interpretation that while FIR cannot be amended, the police have the discretion to file an alteration report if serious offences are revealed during the investigation.
Final Decision: The petition was closed with the court's observation that the police have the option to file an alteration report in accordance with law if serious offences come to light during the investigation.
This petition has been filed to direct the 3rd respondent to alter the FIR in Crime No.55 of 2016 on the basis of the representation dated 10.03.2016 preferred by the petitioner in accordance with law.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.
3. The defacto complainant is the petitioner before this Court. On a complaint lodged by the defacto complainant, the respondent police have registered a case in Crime No.55 of 2016 on 27.02.2016 under Sections 447 and 427 IPC against two accused, namely, Shanmugam and Soundarrajan. It is the grievance of the petitioner that his complaint discloses the commission of non bailable offences, but whereas the Police have registered the FIR for lesser offences.
4. Learned Government Advocate (Crl.Side) submitted that the petitioner has given three complaints for the same transaction.
5. Unlike code of Civil Procedure, where pleadings can be amended, in the Code of Criminal Procedure, FIR cannot be amended. However, during the course of investigation, if the commission of serious offences come to light, it is always open to the Police to file alteration report in accordance with law.
6. With the above observation, this petition is closed.
