Narayanan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.24391 of 2015 Narayanan .. Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Egmore, Chennai-600 008.

2. The Inspector of Police, Thirunindravur Police Station, Thirunindravur - 602 024.

Tiruvallur District .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent herein to register a case on the basis of the petitioner's complaint dated 23.07.2015, and investigate the matter is accordance with law. For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to direct the second respondent to register a case on the petitioner's complaint dated 23.07.2015.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that the petitioner's sister Dhanalakshmi, who is aged about 74 years was living alone in Avadi, Chennai and she was taken care of by a servant by name Baby. It appears that the said Dhanalakshmi died on 29.10.2014 and her body was also cremated. The petitioner has lodged a complaint dated 05.11.2014 to the Inspector of Police, Avadi Police Station, Chennai, alleging that, there is foul play in the death of his sister Dhanalakshmi. Since no action was taken on the complaint dated 05.11.2014, the petitioner approached this Court in Crl.OP.No.688 of 2015 and this Court has passed the following order on 02.06.2015:

" 2. No representation for the petitioner. Heard the learned Additional Public Prosecutor appearing for the respondents.

3. It is represented by the learned Additional Public Prosecutor that a complaint dated 05.11.2014 was given by the petitioner to the first respondent, who initially forwarded the same to the second respondent. Now it is represented by the learned Additional Public Prosecutor that the second respondent has forwarded the complaint to the Inspector of Police, Thiruninravur Police Station for want of territorial jurisdiction to investigate."

4. Pursuant to the order passed by this Court, the petitioner has lodged a complaint on 23.07.2015 before the Inspector of Police, Thiruninravur Police Station, Chennai and the same is under enquiry. Admittedly, this petitioner was living away, when his sister Dhanalakshmi, 74 years old widow was living alone in Avadi and she was taken care of by a servant. Now, it is alleged by the petitioner that, there is foul play in the death of his sister. It is easy for people to make such allegations against servants and put them into trouble. Hence the police is directed to dispassionately conduct enquiry and if there is no prima-facie material against the servant maid Baby, no action need to be taken against her.

5. With the above observation, this Criminal Original Petition is closed.

Ds Sd/- Assistant Registrar (C.O) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner of Police, Greater Chennai, Egmore, Chennai-600 008.

2. The Inspector of Police, Thirunindravur Police Station, Thirunindravur - 602 024.

Tiruvallur District.

3. The Public Prosecutor High Court, Madras.

+1 C.C. To MR.T.Dhanasekaran, Advocate in SR.NO.59393 Crl.OP No.24391 of 2015 GR(CO) sd : 23/11/2015