V.Selvi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.340 of 2019 and Crl.M.P.No.209 of 2019 V.Selvi .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, Vandalur Sub-Division, Guduvancherry, Kancheepuram District-603 202.

3.Revenue Divisional officer, Chengalpattu, Kancheepuram District- 603 001.

4.Inspector of Police, H-1, Otteri Police Station, Vandalur, Chennai- 600 048.

Kancheepuram District.

5.Sub- Inspector of Police, H-1, Otteri Police Station, Vandalur, Chennai- 600 048, Kancheepuram District.

6.The Village Administrative Officer, Vandalur Village, Chengalpattu Taluk, Kancheepuram District-600 048.

7.Annai Arul Hospital, No.270, Mudichur Road, Old Perungalathur, Chennai-600 063.

..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, praying to direct the third respondent Revenue Divisional Officer to conduct the enquiry with respect to death of petitioner's daughter Mrs.P.Maathangi within a time limit.

For Petitioner : M/s.R.Balachanderan For Respondents: Mr.M.Mohamed riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the Revenue Divisional Officer to conduct the inquest with regard to the suspicious death of the petitioner's daughter and to proceed in accordance with law.

2.The petitioner's daughter died under suspicious circumstances on 05.09.2018. Her body was cremated in a hasty manner by the husband and his relatives. Later, the petitioner came to know that her daughter was undergoing cruelty in the hands of the husband through various letters and whats app messages sent by the deceased daughter. Therefore, a complaint was lodged by the petitioner on 09.09.2018 and an FIR was registered under Section 174 (iii) Cr.P.C., on 10.09.2018. The report of the Revenue Divisional Officer, Chengalpattu says that the deceased was treated with cruelty by her husband and she suffered physically and mentally. The report further states that the body of the deceased has been cremated in a hasty manner and the FIR itself has been registered only after five days from the date of the death of the petitioner's daughter. 3.The learned counsel for the petitioner would submit that there has been absolutely no progress in the investigation and till date the respondent police has not even taken any efforts to find out the reason for the death of the petitioner's daughter.

4.This Court deems it fit to transfer the investigation in this case to the Deputy Superintendent of Police, Vandalur. This Court is not satisfied with the manner in which the investigation has been conducted by the fourth respondent. The fourth respondent failed to follow any of the guidelines given by this Court in Manohari V. The District Superintendent of Police, Sivagangai District, Sivagangai reported in 2018-2- L.W (Crl.) 522.

5.In view of the above, the fourth respondent is directed to immediately hand over the entire case diary to the second respondent viz., the Deputy Superintendent of Police, Vandalur and the Deputy Superintendent of Police, Vandalur shall proceed further with the investigation strictly in accordance with the guidelines given by this Court in the Judgment referred supra. The Deputy Superintendent of Police, Vandalur is also directed to alter the FIR based on the materials collected during the

course of investigation and take appropriate action against the accused persons strictly, in accordance with law. The second respondent shall also take into consideration the report filed by the Revenue Divisional Officer, Chengalpattu, in the course of investigation.

6.This Criminal Original Petition is disposed of accordingly, with the above directions. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar stm/rpl To 1.The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, Vandalur Sub-Division, Guduvancherry, Kancheepuram District-603 202.

3.The Revenue Divisional officer, Chengalpattu, Kancheepuram District- 603 001.

4.The Inspector of Police, H-1, Otteri Police Station, Vandalur, Chennai- 600 048.

5.The Sub- Inspector of Police, H-1, Otteri Police Station, Vandalur, Chennai- 600 048, Kancheepuram District.

6.The Village Administrative Officer, Vandalur Village, Chengalpattu Taluk, Kancheepuram District-600 048.

7.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.340 of 2019 MP(CO) rrs 01/02/2019