Madras High CourtCRL OP/9328/2019disposed of

Pradeepa v. The Commissioner Of Police,

2019-04-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9328 of 2019 Pradeepa

...Petitioner

Vs.

1.The Commissioner of Police, Vepery, Chennai-7.

2.State rep. by The Inspector of Police, H5-New Washermenpet Police Station, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the second respondent police to alter the Section u/s 174 Cr.P.C. into 306 IPC in Cr.No.47 of 2019 on the file of the Inspector of Police, H5-New Washermenpet Police Station, Chennai and to investigate the same according to her complaint dated 28.02.2019 in accordance with law. For Petitioner : Mr.N.Naresh For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent police to alter the Section u/s 174 Cr.P.C. Into 306 IPC in Cr.No.47 of 2019 on his filed and to investigate the same based on the complaint dated 28.02.2019.

2.The learned Additional Public Prosecutor filed a status report, wherein it is stated that the respondent police registered a case, investigated in a free, fair and impartial manner in accordance with law and the same is pending to obtain a post mortem certificate and a final opinion from the post mortem doctor. The learned Additional Public Prosecutor further submitted that there is no prima facie case found out for the alleged offence under Section 306 IPC and the respondent police are yet to file a final report.

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3.In view of the above submission, the 2nd respondent is directed to complete the investigation and file a final report within a period of eight weeks from the date of receipt of copy of this order. The petitioner is at liberty to file a protest petition challenging the final order, if so advised. 4.With the above directions, this Criminal Original petition is disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police, H5-New Washermenpet Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.N.Naresh, Advocate sr 37964.

CRL.O.P.No.9328 of 2019 SSI(CO) SP(29/05/2019) https://hcservices.ecourts.gov.in/hcservices/