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Madras High CourtCRL OP/20643/2018disposed of

K.Janagaraj, M/A 32 Yrs, v. The Director General Of

2021-09-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.20643 OF 2018 K.Janagaraj

...Petitioner

Vs.

1.The Director General of Police, No.4, Doomas Road, Puducherry.

2.The Superintendent of Police (North), Prevention of Crime Against Women, Mettupalayam Police Complex, Puducherry.

3.The Superintendent of Police (West), Puducherry.

4.The Inspector of Police, Villianur Police Station, Puducherry.

...Respondents

Petition filed under Section 482 of Cr.P.C., to direct the respondents police particularly the 4th respondent to investigate into the complaints dated 05.03.2018, 16.06.2018, 23.06.2018 and 07.07.2018 lodged by the petitioner and take action in accordance with law.

For Petitioner :

M/S.K.Bharathi For Respondents :

Mr.V.Balamurugane Public Prosecutor

O R D E R

The petitioner has filed this petition seeking to direct the respondents police particularly the 4th respondent to investigate into the complaints dated 05.03.2018, 16.06.2018, 23.06.2018 and 07.07.2018 lodged by the petitioner and take action in accordance with law.

2. The case of the prosecution is that the petitioner is the brother of the deceased one Jagapriya. On 03.02.2018, the

husband of the deceased lodged a complaint that when he returned home from work on the said date, he found that his wife/deceased had locked herself inside the room and when he tried to call his wife, there was no response and, thereafter, his daughter opened the door and he found that his wife/deceased committed suicide by hanging herself. The petitioner submitted that his sister/deceased spoke to him the very same day regarding the textile material and sent some model designs. He further submitted that to his utter shock, he got a call from his sister's husband stating that the said Jagapriya committed suicide. The petitioner enquired about the said incident to his sister's husband and no proper response is forthcoming and the petitioner while verifying the mobile of the deceased, found that the friend of her husband, one Mr.

Gopi and another Mr.Balamurugan talked to the deceased over cellphone in extremely filthy language and threatened her. Even after knowing all these incidents the husband of the deceased has not pressed any charges against the said persons or filed complaint for any investigation which is very strange. Hence, the petitioner lodged complaints on 05.03.2018, 16.06.2018, 23.06.2018 and 07.07.2018 before the Respondent police and submitted the telephonic conversations. Even after lodging complaint before the Puducherry Lieutenant Governor's Secretariat through e-mail and the same was forwarded to the Puducherry DGP, however, even after seven months of the complaint, the Respondent police has not taken any action.

Hence the petitioner filed this present complaint for a direction to the Respondent, more particularly the 4th Respondent to investigate into the complaint lodged by him and take action in accordance with law.

3. Though very many grounds have been raised, however, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the respondents, more particularly, the 4th respondent, to expedite the investigation and complete the same within a particular time frame.

4. Learned Public Prosecutor appearing for the respondents submitted that during the enquiry conducted by the police, the petitioner has spoken that the death of the deceased was on account of suicide. In view of the above, the respondents, after enquiry, had close the case. However, as the petitioner has given representation for conducting a full fledged enquiry by submitting materials, it is submitted that the respondents would investigate the death of the deceased within the time stipulated by this Court.

5. Though the case was closed, however, as representation has been filed alleging that certain materials have come to the knowledge of the petitioner, which has been placed before the

respondent police, this Court, without going into the merits of the case, directs the respondents to investigate into the complaint dated 07.07.2018 lodged by the petitioner and take action in accordance with law within a period of four weeks and take the investigation to its logical end and also keep the petitioner informed of the status of the investigation. The petitioner is directed to co-operate with the respondent police for the early completion of investigation.

6. This criminal original petition is disposed of with the aforesaid observations and directions. Consequently, connected miscellaneous petition if any, is closed.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar skt To 1.The Director General of Police, No.4, Doomas Road, Puducherry.

2.The Superintendent of Police (North), Prevention of Crime Against Women, Mettupalayam Police Complex, Puducherry.

3.The Superintendent of Police (West), Puducherry.

4.The Inspector of Police, Villianur Police Station, Puducherry.

5.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.K.Bharathi, Advocate SR.No.48779 Crl.O.P.No.20643 of 2018 VBM(CO) RVM(20/12/2021)