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Madras High CourtWP/1699/2019disposed of

Alagarsamy v. The State Inspector Of Police

2019-01-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN TNE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.1699 of 2019 & WMP.No.2306 of 2019 Alagarsamy ... Petitioner Vs.

The Inspector of Police, K.8, Kelambakkam Police Station, Kancheepuram District.

...Respondent

Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to register the complaint dated 14.02.2018 given by the petitioner who is the father of died Kokila. For Petitioner : Mr.M.Pari For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This writ petition has been filed seeking for a direction to the respondent to proceed further with the complaint given by the petitioner.

2. It is seen from the records that the petitioner's daughter married one Tamilselvan and she died under suspicious circumstances on 02.12.2017. The petitioner alleges that his daughter was murdered by the said Tamilselvan and in order to cover up the same, he has given a complaint before the respondent Police which has been registered in Crime No.683 of 2017 under Section 174 of Cr.P.C.

3. The learned counsel for the petitioner submitted that the petitioner has given a complaint dated 14.02.2018 to the respondent Police and an order was passed by this Court in Crl.O.P.No.6175 of 2018 on 28.02.2018, directing the respondent Police to proceed further in accordance with the directions given by the Hon'ble Surpeme Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. 4.The learned counsel for the petitioner submitted that in spite of the directions given by this Court, till date, there is absolutely no progress in the investigation and therefore, the https://hcservices.ecourts.gov.in/hcservices/

present writ petition has been filed seeking for appropriate directions.

5.The learned Additional Public Prosecutor, on instructions, would submit that already the FIR is pending before the same respondent Police and the respondent Police are in the course of investigation. The learned counsel submitted that there is no requirement to register another FIR and the respondent Police will take into consideration the complaint given by the petitioner in the pending FIR and also proceed further against the accused person in accordance with law.

6.The above submission made by the learned Additional Public Prosecutor is hereby recorded and the respondent Police is directed to proceed further with the investigation in accordance with the guidelines given by this Court in the case of Manohari Versus The District Superintendent of Police, Sivagangai District and others reported in (2018) 2 LW (Crl.) 522. and the respondent Police shall complete the investigation as expeditiously as possible and file a final report before the concerned Court.

7. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, K.8, Kelambakkam Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.M.Pari, Advocate, S.R.No.7119 W.P. No.1699 of 2019 & WMP.No.2306 of 2019 RK(CO) rrs 15/02/2019 https://hcservices.ecourts.gov.in/hcservices/