D.Krishnan, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.21182 of 2018 D.Krishnan ... Petitioner Vs The State rep. by The Inspector of Police, Perambur Railway Police Station, Perambur, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to investigate the case in Crime No.83/2017 on the file of Perambur Railway Police Station and file the final report for offence under Section 306 of the Indian Penal Code as soon as possible. For Petitioner :Mr.D.Rajagopal For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

An unidentified body was found near the Railway track and on the complaint lodged by the Station Master, Perambur, a case in Government Railway Police Chennai Perambur Police Station Crime No.83 of 2017 has been registered under Section 174 Cr.P.C. During investigation, it came to light that the deceased was one Dhandapani. While so, the father of the deceased is before this Court with the above prayer. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3.Learned counsel for the petitioner submitted that the deceased had a quarrel with his wife and immediately thereafter, he committed suicide and therefore, the case should be altered to one under Section 306 IPC and the wife should be made accused.

4.Per contra, learned Government Advocate submitted that investigation is still pending and the Viscera Report has not been received.

5.In the opinion of this Court, no such directions as prayed for by the petitioner can be granted and it is for the Police to conduct the investigation under Chapter XII of the https://hcservices.ecourts.gov.in/hcservices/

Code of Criminal Procedure and arrive at a final opinion interms of 173 Cr.P.C. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Government Railway Police, Chennai Central Sub Division to monitor the investigation in Crime No.83 of 2017, that is being conducted by the Inspector of Police, Perambur Railway Police Station and complete the same expeditiously.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Deputy Superintendent of Police, Government Railway Police, Chennai Central Sub Division.

2.The Inspector of Police, Perambur Railway Police Station, Perambur, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Rajagopal, Advocate SR.NO.60191 sm:10.9.2018 CRL.OP.No.21182 of 2018 https://hcservices.ecourts.gov.in/hcservices/