This Criminal Original petition is filed for issuing a direction to the second respondent to alter the First Information Report by including the offence under Section 376 of I.P.C., in Crime No.3 of 2016, dated 12.01.2016 on the file of the second respondent.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The petitioner is the defacto complainant. She gave a complaint to the second respondent police on 22.04.2014. After conducting a Preliminary Enquiry, a case was also registered in Crime No.3 of 2016 on 12.01.2016 for the alleged offences under
Sections 417,294(b) and
506(i) of I.P.C.
4. The petitioner herself admits that she gave the complaint on 12.01.2016 for registration of the First Information Report in Crime No.3 of 2016. Even as per the first information given by her in the complaint, the petitioner and the proposed accused were known to each other for about four years. Hence, it is admitted that the petitioner was a major when she developed the relationship with the proposed accused.
5. In such circumstances, the relationship between the petitioner and the proposed accused will not attract
Section 376 of I.P.C. Even when the complaint does not disclose that the proposed accused promised her to marry her, the request of the petitioner for issuing a direction at this stage is not proper. However, based on materials and other evidence, if the petitioner is able to substantiate her case, the present order will not stand in the way.
6. With the above observation, the Criminal Original petition is closed.
7. The learned counsel for the petitioner states that a direction to expedite the investigation and to file final report within a short time will be in the interest of justice.
8. Considering the facts and circumstances of the case, the second respondent is directed to file a final report within a period of three months from the date of receipt of a copy of this order.
To
1. The Superintendent of Police, Virudhunagar, Virudhunagar District.
2. The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.