Nirmala v. Mrs.Selvarani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1167 of 2015 Nirmala W/o.Netto ... Petitioner Vs.

1. Selvarani W/o.Stanley

2. The State represented by The Inspector of Police, G-7 Police Station, Chepet, Chennai.

Crime No.876 of 2012 ... Respondents Criminal Revision filed under section 397 and 401 Cr.P.C. against the order of learned XIV Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.577 of 2015 in Crl.M.P.No.238 of 2012 on 17.08.2015.

For Petitioner : Mr.B.Badrinath For Respondent : Mr.C.Iyyapparaj, Government Advocate [Crl.side] [R2]

O R D E R

This revision challenges the order of learned XIV Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.577 of 2015 in Crl.M.P.No.238 of 2012 on 17.08.2015.

2. Petitioner is the mother of the deceased in case in Crime No.876 of 2012 on the file of respondent which was registered u/s.174 Cr.P.C. It is the contention of learned counsel for

petitioner that the petitioner's son had been done to death. Challenging the final report which informs the case to be one of suicide, learned counsel submits that no proper investigation was carried out by respondent. Petitioner moved a protest petition in Crl.M.P.No.577 of 2015 in Crl.M.P.No.238 of 2012 on the file of learned XIV Metropolitan Magistrate, Egmore, Chennai, which was dismissed under orders dated 17.08.2015. There against, the petitioner preferred this revision.

3. Heard learned Government Advocate [Crl.side] on the above submissions as also perused the materials available on record.

4. In dismissing the protest petition, the Court below has taken into consideration that the entire medical evidence in the case point to a case of suicide by the petitioner's son in a drunken state and that several persons duly had been examined. A reference to the final report informs that as many as ten persons including the petitioner were examined. This Court is of the view that on completion of fair investigation the police had informed the case to be one of suicide. Such finding also is supported by the postmortem report and the statements of Doctors, who were examined. In the circumstances, this Court finds no merit in the contention of learned counsel for petitioner.

This Criminal Revision is dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gm To

1. The XIV Metropolitan Magistrate, Egmore, Chennai.

2. Do Through The Chief Metropolitan Magistrate, Egmore, Chennai 8.

3. The Inspector of Police, G-7 Police Station, Chepet, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Badrinath, Advocate, S.R.No.64346 Crl.R.C.No.1167 of 2015 MG(CO) CA(20.01.2016)