O R D E R

This Criminal Original Petition is filed to direct the respondents to alter the FIR by including Section 103 of Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as 'BNS'] and other offences under BNS and to investigate and file a final report in respect of Crime No.186 of 2024 on the file of the second respondent/Police.

2. Learned counsel for the petitioner submitted that there was a property dispute between the petitioner's family and his relatives namely Raja, Mandiri, A.P.Kannan, Ashok, Sekar, Tamilselvi and Kanchana. While that being so, the above said persons along with other persons trespassed into the petitioner's land with deadly weapons and assaulted the petitioner and his family members. Due to the said attack, the petitioner's father sustained grievous injuries and died. Therefore, the petitioner lodged a complaint before the second respondent/police, thereby, a case in Crime No.186 of 2024 was registered against the accused persons for the offences under Sections 126(2), 296(b), 191(2), 191(3), 115(2), 118(1), 351(3) of BNS Act, 2023 and Section 3(1) of TNPPDL Act and Section 194 BNSS Act. He further submitted the second respondent/Police instead of registering the case for the offence under Section 302 IPC (103 BNS), they have registered the case as suspicious death. Hence, the petitioner has given a representation to the first respondent/Police to alter the FIR. Since there was no response from the first respondent/Police, the present petition has been filed by the petitioner.

3. Learned Additional Public Prosecutor appearing for the respondents/Police by referring to the status report submitted that already accused persons were arrested and confession statement of A1 was recorded in the presence of witnesses and they were remanded to judicial custody. He further submitted that statements recorded from witnesses under Section 161(3) Cr.P.C and investigation is almost over and charge-sheet is yet to be filed.

4. It is a settled preposition of law that F.I.R is not an encyclopaedia and it need not contain all facts and it is only first information to set the law into motion. In the case on hand, since the investigation is under progress and final report is yet to be filed, the relief sought for by the petitioner is premature in nature. Hence, this Criminal Original Petition is dismissed. However, the respondents- Police is directed to file final report within a period of two months from the date of receipt of a copy of this order. Thereafter, if the petitioner has any grievance, he has to approach the appropriate forum for redressal of his grievance.

18.12.2024 Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms To

3.The Public Prosecutor, High Court, Madras.

P .VELMURUGAN, J ms

18.12.2024