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Madras High CourtCRL OP/27897/2015dismissed

Mrs. K. Manjula v. State By The Inspector Of

2015-11-23Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27897 of 2015 Mrs.K.Manjula.

... Petitioner Vs

1. The State Rep. by Inspector of Police, Thiruvalangadu Police Station Thiruthani Taluk, Thiruthani District.

2. The Superintendent of Police, Thiruvallur District, Thiruvallur.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to reinvestigate the case registered in Crime No. 251 of 2014 inn order to exhume the body of the deceased and to conduct re-post-mortem on the body of the deceased and file a final report in stipulated time. For Petitioner :

Mr.L.Ravichandran For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent to reinvestigate the case registered in Crime No. 251 of 2014 inn order to exhume the body of the deceased and to conduct re-postmortem on the body of the deceased and file a final report in stipulated time.

2. The case of the petitioner is that on 18.11.2014 her son died by electrocution when he came in contact with live electrical fence erected in the sugar cane field of the accused Ramachandiran, while he was returning home. The first respondent has completed the investigation and filed the charge sheet under section 304 of IPC. Hence, the petitioner has come forward with the present petition to reinvestigate the Crime No.251 of 2014 by exhuming the body of the deceased. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that the death of the petitioner's sons was caused due to the electrocution when he came in contact with the electrical fence erected for the protection of the sugar cane field and the charge sheet has also been filed for the alleged offence under Section 304 IPC.

4. Considering the facts and circumstances, since the investigation was completed and charge sheet was also filed for the offence under section 304 IPC, this Court is of the opinion that at this juncture, a direction as prayed for, cannot be granted to the petitioner. Hence, the criminal original petition is dismissed.

vsi s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The State Rep. by Inspector of Police, Thiruvalangadu Police Station Thiruthani Taluk, Thiruthani District.

2. The Superintendent of Police, Thiruvallur District, Thiruvallur.

+ 1 cc to Mr.C.Santhoshkumar, Advocate SR 63416 lrs(co) prk18/12 Crl.O.P.No. 27897 of 2015 https://hcservices.ecourts.gov.in/hcservices/