G.Selvaraj v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.19154 of 2019 G. Selvaraj

...Petitioner

Vs

1. The District Superintendent of Police, Vellore District, Sathuvachery, Vellore.

2. The Inspector of Police, Latheri Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., directing the first respondent to consider the representation of the petitioner dated 09.04.2018 in accordance with law by altering the case under Section 174(3) Cr.P.C. in Crime NO.56 of 2018 on the file of the second respondent herein by further investigating the case some other Competent Investigation Officer nominated by the first respondent. For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

In connection with the death of the deceased Subathra, a FIR came to be registered under Section 174(3) of Cr.P.C. Challenging the same, the present Criminal Original Petition has been filed on the ground that this a case of murder.

2. Today, when the matter is called, learned Additional Public Prosecutor filed a status report stating that pursuant to the death of Subathra, an inquest was conducted on the deceased body in accordance with law and it was revealed that the deceased has committed suicide by herself and also there was no dowry harassment. Pursuant to that respondents have also altered the offence under Section 306 of IPC and the investigation is in progress.

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3. When investigation is in progress, it would not be appropriate for this Court to direct the respondents to alter the offence. Nevertheless, if the respondents have filed a final report, which is alleged to be filed in accordance with law, it is always open to the petitioner to challenge the same. Hence, no effective orders can be passed in the present Criminal Original Petition.

4. Accordingly, this Criminal Original Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mp To

1. The District Superintendent of Police, Vellore District, Sathuvachery, Vellore.

2. The Inspector of Police, Latheri Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sankarasubbu, Advocate SR.No.81114 Crl.O.P.No.19154 of 2019 VG I(CO) GMY(05/11/2019) Kak(22/11/2019) https://hcservices.ecourts.gov.in/hcservices/