S.Ponram, v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.17806 of 2018 S.Ponram,

...Petitioner

Vs.

1.The State Rep by its Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai -53 2.Geetha Priya, 3.Venugopal, 4.Devika, 5.Malathi, 6.Jayaprakash

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the CBCID to reinvestigate the suspicious death of petitioners son Rajasekaran in the Crime No.580 of 2015, on the file the Inspector of Police, T-1 Police Station, Ambattur, the 1st respondent consequently to file a final report.

For Petitioner :Mr.A.Thiruvilankumar For Respondents :Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.V. Raghavachari for RR2 to 6

O R D E R

This Petition has been filed seeking for a direction to reinvestigate the entire case by CBCID in Crime No.580 of 2015. The learned counsel for the petitioner would submit that the petitioner is the father of the deceased P.Rajasekaran. He died

under suspicious circumstances. Therefore, the complaint was given by the petitioner and the FIR was registered in Crime No.580 of 2015 under section 174 of Cr.P.C. The matter was investigated and after detailed investigation, a closure report was filed by the Sub Inspector of Police, Ambattur, Police Station on 24.07.2015.

2. Thereafter, the petitioner filed a protest petition before the learned Judicial Magistrate Ambattur and the same was numbered as C.M.P No.6801 of 2016 and in this petition, the petitioner had sought for reinvestigation. The learned Judicial Magistrate after considering the entire facts and circumstances of the case, by an order dated 30.12.2016, directed the Assistant Commissioner of Police to reinvestigate the entire matter and file a report within a period of six weeks from the date of receipt of copy of that order.

3. After this order was passed and the reinvestigation was conducted by the Assistant Commissioner, the same was concealed by the petitioner and the present petition has been filed before this court seeking for reinvestigation by the CBCID.

4. The Assistant Commissioner after reinvestigation, filed a detailed report before the Judicial Magistrate Court, Ambattur, categorically stating that no offence has been made out and the findings of the earlier closure report filed by the Sub Inspector of Police was thereby confirmed.

5. The present complaint has been investigated twice and on both occasions, the police were not able to find the commission of any offence. It is true that the father who had lost his son, is anxious to take action against his daughter in law. However, it is based only on apprehension and there are absolutely no materials to show that son of the petitioner was murdered. Both the reports filed by the Sub Inspector of Police as well as the Assistant Commissioner of Police clearly shows that the son of the petitioner has committed suicide. Therefore, no purpose will be served by again directing for reinvestigation in this case. This case has to come to an end at some point of time.

6. In the result, this court does not find any ground to order for reinvestigation and accordingly, this Criminal Original Petition is dismissed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

To 1.The Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai -53 2.The Public Prosecutor, High Court of Madras, Chennai.

+1 CC to Mr.V.Raghavachari, Advocate sr 77491. Crl.O.P.No.17806 of 2018 GJ(CO) SP(09/01/2019)