Madras High CourtCRL OP/8560/2017allowed

Shanthi, F/A 50 Years, v. The Commissioner Of Police,

2017-09-04Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.8560 of 2017 1 SHANTHI .. Petitioner Vs 1 THE COMMISSIONER OF POLICE GREATER CHENNAI, CHENNAI CITY POLICE, CHENNAI.

2 THE DEPUTY COMMISSIONER OF POLICE T.NAGAR, CHENNAI.

3 THE INSPECTOR OF POLICE R-5 VIRUGAMBAKKAM POLICE STATION,CHENNAI.

4 THE SUPERINTENDENT OF POLICE CBCID, CHENNAI.

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to alter section from 174 Cr.P.C to Section 306 IPC and to transfer the Investigation to 4th respondent from 3rd respondent pending in Cr.No.1020 of 2017 on the file of the Inspector of Police, Virugambakkam Police Station and consequently direct the 4th respondent to investigate the case expeditiously according to the law and to file the final report within stipulated period.

For Petitioner :

Mr.J.Karthikeyan For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

By consent of both sides, this Criminal Original Petition is taken up for final disposal.

2. Admittedly, the FIR was registered on 03.4.2017, after recovery of suicide note of the deceased Karthikeyan. It is seen from the suicide note that the deceased Karthikeyan had specifically implicated his father-in-law, Mr.Rajendran, as a cause for him committing suicide.

3. While that being so, it would not be appropriate for the respondents to continue the investigation under Section 174 Cr.Pc without altering into Section 306 IPC.

4. Hence, there shall be a direction to the 3rd respondent to alter the Section from 174 Cr.PC to 306 IPC in Crime No.1020 of 2017 within one week from the date of receipt of this order and

conduct further investigation as expeditiously as possible.

5. In view of the aforesaid direction to continue investigation, the petitioner's request to transfer the case to the file of some other investigating agency is rejected.

The Criminal Original Petition is allowed in the above terms. Ga 04.09.2017 Index: Yes To 1 THE COMMISSIONER OF POLICE GREATER CHENNAI, CHENNAI CITY POLICE, CHENNAI.

2 THE DEPUTY COMMISSIONER OF POLICE T.NAGAR, CHENNAI.

3 THE INSPECTOR OF POLICE R-5 VIRUGAMBAKKAM POLICE STATION,CHENNAI.

4 THE SUPERINTENDENT OF POLICE CBCID, CHENNAI.

5. The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, ga Crl.O.P.No.8560 of 2017 04.09.2017