Rajendran v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.13752 of 2015 I.Rajendran ... Petitioner Vs 1.The State represented by The Director General of Police, Tamil Nadu, Chennai 600 005.
2.The Superintendent of Police, Villupuram District, Villupuram.
3.The Station House Officer Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to transfer the investigation in Crime No.34/2015 on the file of the third respondent police to CBCID or any other Special Investigation Team under the supervision of the second respondent. For Petitioner :
Mr.R.Kumaravel For respondents :
Mr.C.Emalias, Addl. Public Prosecutor.
ORDER
The present criminal original petition has been filed seeking a direction to the first respondent to transfer the investigation of the case in Crime No.34 of 2015 pending on the file of the third respondent to CBCID or any other Special Investigation Team under the supervision of the second respondent.
2. In the petition, it is averred that the petitioner is an agricultural coolie and his son Kumaresan was working as JCB Driver. His son Kumaresan had an love affair with one Paremeswari, but the same was not entertained by her relatives. While so, on 30.3.2015 at about 7.30 p.m, his son was found hanging in a tree in a suspicious manner. Though the petitioner gave some clues about the manner of murder, the third respondent police did not take any action in this regard. Hence, the present petition.
3. Learned Additional Public Prosecutor filed counter affidavit, wherein, it has been stated that the Inspector of Police, Sankarapuram Circle, Villupuram District examined the witnesses and recorded their statements. He has also examined the Medical Officer of Kallakurichi Government Hospital, who conducted the post mortem over the body of the deceased Kumaresan. During his examination, the Medical Officer has opined that the deceased would appear to have died of Asphyxial and Cardiopulmano arrest. The investigation reveals that the deceased had committed suicide by hanging. Hence, on completion of investigation, he submitted 'action dropped report' to the Tahsildar, Sankarapuram on 13.7.2015.
4. Since in this case, after completion of investigation, 'action dropped report' was filed as early as on 13.7.2015, I am of the opinion, nothing survives in this petition.
5. Hence, recording the statement made in the counter affidavit filed by the respondent police, the criminal original petition is dismissed Sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR sbi To 1.The Director General of Police, Tamil Nadu, Chennai 600 005.
2.The Superintendent of Police, Villupuram District, Villupuram.
3.The Station House Officer Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District.
4. The Public Prosecutor, High Court, Madras.
+1 CC to MR.R.Kumaravel Advocate. SR.NO.65561 Crl.O.P.No.13752 of 2015 CO-KJI JD 29/12/2015