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Madras High CourtCRL OP/30615/2015disposed of

B. Partheeban v. Station House Officer

2016-02-18Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.Nos.7122 of 2014 & 30615 of 2015 Crl.O.P.No.7122 of 2014 B.Partheeban S/o.Late V.Bakthavachalam ... Petitioner Vs.

1.The Superintendent of Police (Rural) Puducherry 2.Station House Officer Nettapakkam Police Station Puducherry (Crime No.19/2014) 3.The Superintendent of Police Special Crime Branch Central Bureau of Investigation Rajaji Bhavan, Besant Nagar Chennai - 600 090.

4.Chief Secretary to Government Government of Puducherry.

... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C. to direct the respondent police to transfer the investigation of the case in crime no.19 of 2014 pending on the file of the 2nd respondent police to the file of the 3rd respondent police and also direct the 3rd respondent to conduct fresh post-mortem of the deceased V.Bakthavachalam.

For Petitioner : Mr.R.Thiagarajan For Respondents: Mr.V.Balamurugane, A.P.P., (Pondicherry)

Crl.O.P.No.30615 of 2015 B.Partheeban S/o.Late V.Bakthavachalam ... Petitioner Vs.

Station House Officer Nettapakkam Police Station Puducherry ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C. to direct the respondent to file a final report in Crime No.19 of 2014, pending on the file of the Station House Officer, Nettappakkam Police Station, Puducherry.

For Petitioner : Mr.R.Thiagarajan For Respondents : Mr.V.Balamurugane, A.P.P., (Pondicherry) for R1, R2 and R4 C O M M O N O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Pondicherry) appearing for the respondents.

2. The learned counsel appearing for the petitioner would submit that the petitioner herein is none other than the son of the deceased Bakthavachalam who is alleged to be an accused in Crime No.16/2014. Since the said Bakthavachalam died on the very next day after he was released from jail, a complaint had been preferred and a case has been registered in Crime No.19/2014 for an offence under Section 174 Cr.P.C. But the investigating agency has not shown any interest to investigate the matter and file a final report. Hence, the petitioner has filed the petition in Crl.O.P.No.30615 of 2015 to direct the respondent police to file a final report in Crime No.19 of 2014. The petitioner had also filed Crl.O.P.No.7122 of 2014 to direct the respondent police to transfer the investigation of the case in crime no.19 of 2014 to Central Bureau of Investigation and also to conduct fresh post-mortem of the deceased Bakthavachalam.

3. At this juncture, learned Additional Public Prosecutor (Pondicherry) would submit that already the action has been dropped on the ground of the Post-Mortem report which states

that the deceased Bakthavachalam had died of intra-cranial hemorrhages under the influence of alcohol.

4. Admittedly, the deceased Bakthavachalam had sustained head injuries. But in Crime No.17/2014, neither the A.R copy nor the wound certificate was produced. Further, even though the deceased Bakthavachalam was arrested and remanded to judicial custody, he was sent to hospital and after he was released from jail, he died the very next day. On perusal of the Post-Mortem report would show that nothing has been done in the skull, even though he had sustained injuries in the forehead.

5. In such circumstances, I am of the view that the investigating officer had not conducted the investigation in a proper manner and he had flouted the procedures. So, it is a fit case to set aside the action drop report and direct the Superintendent of Police, CBCID, Puducherry to further investigate the matter. Accordingly, the Superintendent of Police, CBCID, Puducherry is directed to take up the matter and investigate the case in Crime No.19/2014 along with Crime Nos.16 and 17 of 2014 and file a final report in accordance with law, as expeditiously as possible. Further, the Investigating agency is also directed to exhume the body to find out the real cause of death, if necessary.

6. The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police (Rural), Puducherry.

2.Station House Officer, Nettapakkam Police Station, Puducherry, (Crime No.19/2014).

3.The Superintendent of Police (CBCID), Puducherry.

4.The Public Prosecutor (Pondicherry), High Court, Madras.

+1cc to Mr.R.Thiyagarajan, Advocate, S.R.No.10885 +1cc to Mr.R.Thiyagarajan, Advocate, S.R.No.10886 Crl.O.P.Nos.7122 of 2014 & 30615 of 2015 sns(CO) srg(26/02/2016)