1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.14886 of 2011 Thillaivanam ... Petitioner Vs. 1.The Superintendent of Police, Madurai, Madurai District. 2.The Sub Inspector of Police, Koodal Pudur Police Station, Madurai. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents herein to alter the offence into one under Section 306 IPC instead of under Section 174 IPC in Crime No.458 of 2011 on the file of the Sub Inspector of Police, Koodalpudur Police Station, Madurai, complete the investigation and file the final report within a reasonable time. For Petitioner : Mr.B.Jameelarasu For Respondents : Mrs.S.Prabha Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondents herein to alter the offence into one under Section 306 IPC instead of under Section 174 Cr.P.C in Crime No.458 of 2011 on the file of the Sub Inspector of Police, Koodalpudur Police Station, Madurai, complete the investigation and file the final report within a reasonable time. 2. Heard Mr.B.Jameelarasu, learned Counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal side) appearing for the State. 3. The learned Counsel for the petitioner would submit in his argument that even though the case in Crime No.458 of 2011 has been registered, no steps have been taken by the respondent to complete the investigation and to file the charge sheet and hence, the petitioner has come forward with the present application. 4.The learned Government Advocate (criminal side) would submit that the investigation is offing and he seeks two months time to complete the investigation and to file the final report. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the submissions made on either side, I could see that even though the prayer sought for by the petitioner is to alter the offence under Section 306 IPC instead of under Section 174 Cr.P.C and to complete the investigation and file final report, this Court is of the view that alteration of the offences shall be done by the police based on the evidence collected during the investigation. It is the domain of the police. Therefore, this Court cannot suggest any alterations. The respondents Police are directed to carry out the investigation and if necessary to alter the offence according to the evidence and to complete the investigation and to file the final report before the jurisdictional magistrate, within a period of two months from the date of receipt of a copy of this order. 6.With the aforesaid direction, this criminal original petition is ordered. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Madurai, Madurai District. 2.The Sub Inspector of Police, Koodal Pudur Police Station, Madurai. 3. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai gsr rl/4c – 12.12.2011 Crl.O.P.(MD).No.14886 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/