Hentri v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3427 of 2022 Hentri, S/o.Antony Dass ... Petitioner/Defacto Complainant Vs.

State Represented by

1. The Commissioner of Police, Commissioner Office, Vepary, Chennai - 600 007.

2. The Deputy Commissioner of Police, Madhavaram Range, Madhavaram Police Station, Chennai - 600 051.

3. The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai-600 057.

Crime No.972 of 2021 ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to conduct further investigation and include all the offence committed by the accused stated in the complaint dated 28.11.2021 by considering petitioner representation dated 11.12.2021 in Crime No.972 of 2021 and investigation pending on the file of the respondent police.

For Petitioner :

Mr.D.Sugumar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent police to conduct further investigation and include all the offence committed by the

accused stated in the complaint dated 28.11.2021 by considering petitioner representation dated 11.12.2021 in Crime No.972 of 2021 and investigation pending on file of the respondent police.

2. The case of the petitioner is that he is a coolie and he has two children viz., Glory and Arunkumar @ Appu. On 03.11.2014, the said Arunkumar got married with one Radhika. At that time, the petitioner's son was working as a DTP operator. There were frequent quarrels between the petitioner's son Arunkumar and his wife Radhika on 20.10.2021, thereafter a complaint was preferred before the All Women Police Station and mediation was done in the same Police Station. While so, on 27.11.2021 at 10.00 pm, there was a fight between the petitioner's son and his wife, pursuant which, the petitioner's son has committed suicide by hanging.

3. The petitioner has given a complaint to the M-5 Police Station, Ennore, on 28.11.2021. Based on the complaint, a case in Crime No.972 of 2021 was registered under Section 174 of Cr.P.C. Two days after the death of his son, while searching of his house, the petitioner had found a suicide note which was left by his son, in which he has implicated his wife, mother-in-law, brother-in-law and one Karthikeyan, who is a police constable in the third respondent police station. In the suicide note, the petitioner's son had specifically stated that the said Karthikeyan had harassed him and assaulted him.

4. The petitioner had handed over the suicide note to the third respondent. However, there is no progress in the investigation and the case has not been altered as required under law and thereby, the present petition has been filed seeking to transfer the investigation pending on the file of the third respondent to some other investigating agency.

5. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents would submit that based on the complaint given by the petitioner, a case in Crime No.972 of 2021 was registered under Section 174 of Cr.P.C. After 3 days of the occurrence, the petitioner had handed over a suicide note alleged to have been left by his son deceased Arunkumar. The third respondent had conducted investigation in a proper manner with regard to the same. The respondent police in order to find out the veracity and genuineness of the suicide note, had sent it to forensic (handwriting) experts. He would further submit that the investigation is being done in a proper manner and in the event, the suicide note is found to be genuine, proper action will be taken by the third respondent.

6. This Court is of the opinion that the investigation is being done in a proper manner. Taking into consideration the

facts, this Court is of the opinion that the Assistant Commissioner of Police, Ennore may be directed to monitor the investigation in Crime No.972 of 2021.

7. In view of the above, this Court directs the Assistant Commissioner of Police, Ennore, to monitor the investigation and the third respondent shall file the final report in Crime No.972 of 2021, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

8. With the above direction and observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar arb/shk To

1. The Commissioner of Police, Commissioner Office, Vepary, Chennai - 600 007.

2. The Deputy Commissioner of Police, Madhavaram Range, Madhavaram Police Station, Chennai - 600 051.

3. The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai-600 057.

4. The Assistant Commissioner of Police, Ennore.

5. The Public Prosecutor, High Court of Madras.

+1cc to Mr.D.Sugumar, Advocate, S.R.No.10341 Crl.O.P.No.3427 of 2022 GPL(CO) SU(11/03/2022)