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2016 Supreme(Mad) 906

P.N.PRAKASH
Sathyamoorthy – Appellant
Versus
Superintendent of Police, Thanjavur District, Thanjavur – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Sankar
For the Respondents:Mr. K.V. Rajarajan Govt. Advocate (Crl. Side)

ORDER :

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 accord


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