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Bakkiyam v. The State Rep.By Its, the Inspector of Police,

DISMISSED
Court
High Court of Madras
Decided
2 June 2025
Bench
P. Velmuruganauthor
Case no.
CRL OP 14119/2025

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Judgment

ORDER This Criminal Original Petition has been filed by the petitioner seeking direction to the respondent police to conduct further investigation by including all the offences committed by the accused as stated in the complaint and to file final report within a stipulated period.

¶2The case of the petitioner is that on 01.12.2024, one Arul Jothi and his associates, trespassed into her house and attacked her sons with knife and iron rod due to which, they sustained grievous injuries. Thereafter, based on the complaint given by the petitioner, the respondent police registered a case in Crime No.858 of 2024 against the accused persons for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS. The main grievance of the petitioner is that the respondent police failed to register the FIR for the offence under Section 307 IPC. Hence, the present petition is filed by the petitioner seeking direction to the respondent police to include all the offences committed by the accused as stated in the complaint and to file final report within a time frame.

¶3Heard both sides and perused the materials available on record.

¶4It is settled proposition of law that FIR is not an Encyclopaedia. FIR is only First Information Report about a crime, based on which, the Investigating Agency would conduct investigation throughly and file charge sheet. If any ingredient for any other offence is made out and still the Investigating Officer has not filed the charge sheet with appropriate section of offence, then the complainant can approach the Court. Since because the FIR has not been registered as expected by the petitioner, she cannot simply apprehend that the police is acting against her. This Court cannot give any such direction to the police at the stage of investigation.

¶5Accordingly, this Criminal Original Petition is dismissed.

¶6Further, the respondent police is directed to conduct fair investigation and file charge sheet in accordance with law, within a period of three months from the date of receipt of a copy of this order.

¶7After the filing of the charge sheet and still the petitioner is aggrieved, she can approach the Court in the manner known to law and work out her remedy.

02.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

¶1The Inspector of Police Marakkanam Police Station Villupuram District

¶2The Public Prosecutor High Court of Madras P.VELMURUGAN. J. Ksa-2

02.06.2025

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Bakkiyam ... Petitioner Vs. The State rep. by its The Inspector of Police Marakkanam Police Station Villupuram District (Crime No.858 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., praying to issue direction, directing the respondent police to conduct further investigation and include all the offence committed by the accused as stated in the complaint and file final report within a stipulated period. For Petitioner : Mr.S.Seenuvasan For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.