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Madras High CourtCRL OP/19475/2015ordered

S.Ponnuram v. The Commissioner Of Police

2016-02-12Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.19475 of 2015 S.Ponnuram .. Petitioner Vs 1.The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, Ambattur Police Station, Ambattur, Chennai - 600 053.

[Crime No.580 of 2015]

3. Smt.Geethapriya .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer investigation from the file of the second respondent in respect of Crime No.580 of 2015 to any other competent police officer to be monitored by the superior police officer in the rant of Assistant Commissioner of Police in the interest of justice.

For Petitioner :Mr.C.S.Dhanasekaran For Respondents :Mr.C.Emalias 1 & 2 Additional Public Prosecutor For 3rd respondent : Mr.V.Raghavachari

ORDER

This Criminal Original Petition has been filed to to transfer investigation from the file of the second respondent in respect of Crime No.580 of 2015 to any other competent police officer to be monitored by the superior police officer in the rant of Assistant Commissioner of Police in the interest of justice.

2. The petitioner is the father of the deceased Rajasekaran. The son of the petitioner got married to the third respondent on 06.02.2012. Both of them left for Bangalore to have their life there. After three months, the son of the petitioner got a job in HDFC at Chennai and he shifted from Bangalore to Chennai. His son got a male child through the third respondent and a house was bought by his son at Ambattur. In the month of March 2014, his son joined Max Bupa Insurance Company at New Delhi as Senior Manager. The petitioner was informed about the torture meted out by him at the hands of his wife and he was compelled to convert to Christianity. On 07.03.2015, the daughter-in-law and her father packed up all their belongings and returned to Chennai from Delhi. On 10.2.2015 at about 13.30 hours, the daughter of the petitioner was informed by the third respondent about the arrival of the son of the petitioner to Chennai.

3. On 13.03.2015 at about 5.15 p.m., the father of the third respondent informed the petitioner that his son was confined in the police station. Suddenly on the same day at 8.10 p.m., the petitioner was informed through phone by the father of the third respondent that his son was set ablaze. When the petitioner and his relatives came to Chennai, he was informed that his son expired and the petitioner saw the body of his son in the mortuary of Kilpauk Medical College Hospital. As the petitioner got suspicion in the death of his son, the petitioner lodged a complaint before the second respondent police and the same was registered in Crime No.580 of 2015 under section 174 of Cr.P.C. But there is no progress in investigation in the said case. Hence, the petitioner has come forward with the present petition.

4. When the matter was taken up for consideration, The learned Additional Public Prosecutor submitted that on completion of investigation, the second respondent has filed *final report before the Tahsildar, Ambattur and now, it is presently pending with the Tahsildar, Ambattur.

5. In view of the submissions of the learned Additional Public Prosecutor, *this Court directs the Tahsildar, Ambattur to forward the entire final report in Crime No.580 of 2015, to the learned Judicial Magistrate, Ambattur, within a period of one week from the date of receipt of a copy of this Order. Thereafter, the petitioner is at liberty to file protest

petition before the learned Judicial Magistrate, Ambattur. With the above terms, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IV) Dated:31.12.2015 *Corrected as per the Order of this Court dated 12.02.2016 and made in Crl.Op.No.19475 of 2015 Sd/- Assistant Registrar(CS-VI) Dated:17.02.2016 //True Copy// Sub Assistant Registrar vrc To:

1.The Commissioner of Police, Vepery, Chennai.

To be substituted to the Order already despatched on

2. The Inspector of Police, 22/01/2016 and made herein Ambattur Police Station, Ambattur, Chennai - 600 053.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.S. Dhanasekaran, Advocate SR.65112 Crl.OP No.19475 of 2015 VSN(CO) Eu 04.1.16 srg 17/02/2016