V.Krishnamoothy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.8585 of 2015 V.Krishnamoorthy ... Petitioner/Defacto Complainant -vsThe State of Tamil Nadu rep. by The Inspector of Police (Crime) Desur Police Station, Thiruvannamalai District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to complete the investigation and file the final report in connection with Crime No.98 of 2014 pending on the file of the respondent police. For Petitioner : Mr.R.Paneer Selvam For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent to complete the investigation and file the final report in connection with Crime No.98 of 2014 and file final report, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3.It is seen that a case in Crime No.98 of 2014 was registered under Section 174 of Cr.P.C. pursuant to the death of one Revathi. It appears that a dying declaration of Revathi was also recorded on 13.08.2014 by the learned Judicial Magistrate, Chengalpet.

4.Today, the respondent police has filed a counter wherein in paragraph 9 it is stated as follows:

"It is submitted that based on the statement of the witnesses, it reveals that the deceased has self immolated by fire and the reason for the deceased's pregnancy was not known by them, hence, on 12.03.2015, the case was referred as "Further Action Dropped" and submitted the final report before the Tahsildar, Vandavasi, Thiruvannamalai District".

https://hcservices.ecourts.gov.in/hcservices/

5. In the facts and circumstances, this Court directs the Tahsildar, Vandavasi, Tiruvannamalai District to forward the action drop report along with all the records before the learned Judicial Magistrate, Vandavasi, who shall issue notice to the defacto complainant before accepting the closure report. However, the defacto complainant is at liberty to file protest petition on receipt of such notice. With the above observation, the Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smi To 1.The Inspector of Police (Crime) Desur Police Station, Thiruvannamalai District.

2. The Judicial Magistrate, Chengalpet 3.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS

4. The Tahsildar, Vandavasi, Thiruvannamalai. Crl.O.P.No.8585 of 2015 CTK(CO) EU 22.05.2015 https://hcservices.ecourts.gov.in/hcservices/