G.Mohan Doss v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 04.08.2016 PRONOUNCED ON: 11.08.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8953 of 2015 G. Mohan Doss Petitioner vs.
The State represented by its Inspector of Police R3-Ashok Nagar Police Station Chennai The Commissioner of Police Vepery, Chennai 600 007 Respondents Criminal Original Petition filed under Section 482, Cr.P.C. to direct the second respondent to transfer the investigation in Crime No.508 of 2014 on the file of R3, Ashok Nagar Police Station, Chennai, to CB-CID For petitioner Mr. R. Sankarasubbu For respondents Mr. C. Emalias Addl. Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the second respondent to transfer the investigation in Crime No.508 of 2014 on the file of R3, Ashok Nagar Police Station, Chennai to CB-CID.
Heard Mr. R. Sankarasubbu, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the respondents/State. The petitioner's daughter Divya got married to one Vajravel on 07.06.2012 and they have one child through the wedlock. It is said that the said Vajravel is working as Police Constable attached to R-3 Ashok Nagar Police Station. While so, on 11.05.2014, Divya died, in connection with which, on the complaint lodged by Mohan Doss, the petitioner herein and Divya's father, the respondent police registered a case in Crime
No.508/2014 on 11.05.2014 under Section 174(3) Cr.P.C. and took up investigation of the case.
In the complaint given by the petitioner, he has clearly stated that his daughter and son-in-law were leading a happy married life and she came to her parental home for delivery, where, she frequently complained of excruciating stomach ache for which she was given treatment. On 11.05.2014, Vajravel returned from duty and found the house door locked from inside. Therefore, he forcibly entered the house and found his wife Divya hanging in the ceiling fan. After registration of the First Information Report, investigation was taken over by the Assistant Commissioner of Police and the Revenue Authorities were requested to conduct inquest over the body of Divya. Now, Mohan Doss has filed the present petition for a direction to transfer the case in Crime No.508 of 2014 from the file of R3 Ashok Nagar Police Station to the CB-CID, on the ground that the investigation is not proceeding on the right lines.
This Court gave its anxious consideration to the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents/State and perused the case diary. It is seen that in this case, the investigation was taken over by the Assistant Commissioner of Police, since death had happened within 7 years of marriage. The Additional Personal Assistant to the District Collector, who is the Executive Magistrate, was requested to conduct inquest. The Executive Magistrate conducted inquest and examined the petitioner and other family members of both Divya and Vajravel. In his report dated 27.05.
2014, the Additional Personal Assistant to the District Collector has given a finding that Vajravel and Divya were happily married and that there was no dowry demand or cruelty or harassment by Vajravel. The postmortem report also shows that Divya appears to have died of Asphyxia due to hanging. During investigation, police recovered a suicide note left by Divya in which she has clearly stated that nobody is responsible for the extreme step she had taken. Even at the first instance, the petitioner has stated that Divya was suffering from excruciating stomach problem. The Assistant Commissioner of Police completed the investigation and filed "action dropped" report based on the materials collected by him.
On a perusal of the materials collected by the police, this Court does not find any serious infirmity warranting transfer of the case to the CB-CID for re-investigation.
In the result, this Criminal Original Petition is dismissed as being devoid of merits.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cad To The Inspector of Police R3-Ashok Nagar Police Station Chennai The Commissioner of Police Vepery, Chennai 600 007 The Public Prosecutor High Court of Madras Chennai 600 104 +1cc to Mr.R. Sankara Subbu, Advocate, S.R.No.46054 MG(CO) EU(26/08/2016) Crl.O.P. No.8953 of 2015