Alleging deletion of certain accused persons in the charge sheet filed before the Judicial Magistrate No.II, Mannargudi, willfully and wantonly, by the respondent police, and also stating that the respondent police had not obtained any signature from the petitioner in the second statement alleged to have been obtained for deletion of the said accused persons, the petitioner has filed this Criminal Original Petition to alter the charges under Sections 147, 148, 294(b), 448, 352 and 506(ii) of IPC and Section 3(1) of PPDL Act into Sections 147, 148, 294(b), 448, 352, 506(ii) and 379 of IPC and Section 3(1) of PPDL Act.
2. Mr.C.Emalias, learned Additional Public Prosecutor takes notice for the respondent.
3. Heard the learned counsel on either side and perused the materials available on record.
4. It is always open to the Trial Court to consider each and every aspect for altering the Sections as prayed for by the petitioner, if the prayer is supported by proper documentary evidence and other statements. The petitioner is at liberty to place such materials or statements before the Trial Court for consideration.
5. With the above observation, the Criminal Original Petition is disposed of.
Index : Yes/No 12.06.2017 Internet : Yes/No KM Note to the Registry: Issue order copy on 15.06.2017. To
1. The Inspector of Police, Paravakkottai Police Station, Thiruvarur District.
2. The Judicial Magistrate No.II, Mannargudi.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.8451 of 2017 12.06.2017