K.P.Umashree, v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5696 of 2018 K.P.Umashree

...Petitioner

-Vs1.The State Rep. by The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.

2.The State Rep. by The Inspector of Police (L&O), V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to conduct further investigation in Crime No.1014 of 2013 on the file of V-1, Villivakkam Police Station.

For Petitioner : Mr.C.Venkatesan For Respondents: Mr.M.Mohammed Riyaz, Addl. Public Prosecutor.

ORDER

This petition has been filed for further investigation in Crime No.1014 of 2013 registered under Section 174 Cr.P.C on the file of the V-1, Villivakkam Police Station.

2. The learned counsel for the petitioner submitted that the petitioner's wife committed suicide by pouring kerosene and set fire and died. The learned counsel submitted that her suicide note has not been considered by the Investigating Officer and mechanically conducted the investigation and closed the case as the deceased committed suicide and also dropped the action.

3. On perusal of the records, there is a suicide note mentioning the name of one Thilaga, who is the reason for https://hcservices.ecourts.gov.in/hcservices/

committing suicide. Even then, the second respondent closed the case as 'action dropped'. After perusal of the closure report and the suicidal note, the second respondent conducted an investigation and closed the complaint as 'action dropped'. Admittedly, the deceased committed suicide by pouring kerosene and set fire on her own. Except the suicidal note there is no other material document to fix the other accused persons. If further investigation is ordered to the same police official, it would not serve any purpose. Therefore instead of ordering further investigation, the petitioner is at liberty to file a private complaint on the closure report submitted by the second respondent before the concerned learned Judicial Magistrate.

4. With the above direction, this Criminal Original Petition is disposed of. Petitioner is directed to filed a private complaint within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar smv To 1.The State Rep. by The Commissioner of Police, Office of the Commissioner of Police, Vepery,Chennai - 600 007.

2.The State Rep. by The Inspector of Police (L&O), V-1, Villivakkam Police Station, Villivakkam, Chennai - 600 049.

+1cc to M/s.C.Venkatesan, Advocate SR.23853 Crl.O.P.No.5696 of 2018 RGN(CO) CB(28/09/2020) https://hcservices.ecourts.gov.in/hcservices/