M. Ravikumar, Age 45 Years, v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22004 of 2016 and Crl.MP.No.10198 of 2016 M.Ravikumar .. Petitioner Vs

1. The Deputy Superintendent of Police Periyanaickenpalayam Coimbatore.

2.

The Inspector of Police Periyanaickenpalayam Police Station Periyanaickenpalayam, Coimbatore. .. Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to appoint any other officer not below the rank of Deputy Superintendent of Police to re-investigate the case in Crime No.315 of 2008 on the file of the second respondent herein and file final report afresh.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to appoint any other officer not below the rank of Deputy Superintendent of Police to re-investigate the case in Crime No.315 of 2008 on the file of the second respondent herein and file final report afresh.

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

3. Raja @ Vijayakumar got married to Sulochana @ Maragathaveni on 02.06.2004 and their marriage ran into rough weather. It is alleged by Sulochana that Raja @ Vijayakumar and his parents were subjecting her to cruelty. On the complaint

given by Sulochana, the case in AWPS, Thudialur in Crime No.32 of 2007 was registered against Raja @ Vijayakumar and his family members and after completing the investigation, the police filed a final report in CC.No.527 of 2008 before the Judicial Magistrate, Coimbatore. While so, the parties have appeared to have arrived at a compromise, under which, Raja @ Vijayakumar and Sulochana started living together at Karumpukadu, Chengal Kalavai Thottam, Palamalai Road, Kovanur.

4. It is seen that on 26.06.2008, Sulochana committed suicide by hanging in the roof of the farm house, pursuant to which, the respondent police registered a case in crime No.315 of 2008 under Section 174 Cr.PC. The body of Sulochana was sent for post-mortem and inquest was conducted by the Revenue Divisional Officer. The case was altered to one under Section 498-A and 306 IPC and the case is pending in SC.No.255 of 2013 before the Mahila Court, Coimbatore against Raja @ Vijayakumar.

5. While so, the petitioner who is the brother of deceased Sulochana, has come up with this petition for reinvestigation of the case on the ground that it is a case of murder and not a case of suicide.

6. Learned counsel appearing for the petitioner contended that the Revenue Divisional Officer's report clearly states that Sulochana was murdered and he also relied upon the post mortem report in support of his contention.

7. Per contra, the learned Additional Public Prosecutor submitted that the trial in the case has been completed and the witness has also been examined.

8. This Court gave its anxious consideration to the rival submissions.

9. The offence in this case had taken place in June 2008 and the final report was filed as early as 2009. Now, it is too late in the day for the petitioner to allege that the investigation was not conducted properly.

10. This Court also perused the Revenue Divisional Officer's report. The Revenue Divisional Officer has not given a finding that Sulochana was murdered by the accused, because such a finding is beyond the scope of inquest proceedings. In fact, the Revenue Divisional Officer suggested that the case under Section 174 Cr.PC should be registered and investigation should be taken up by the police. The injuries noted in the post mortem certificate also do not appear to support the contention of the petitioner that it is a case of murder. Under such circumstances, this is not a fit case to quash the charge sheet and order re-investigation.

11. Learned Additional Public Prosecutor submitted that the petitioner who has been cited as a prosecution witnesses is not appearing before the trial Court for giving evidence and witness warrant has been pending against him since 17.11.2015.

12. The petitioner is directed to cooperate with the Court by appearing and giving evidence and he cannot keep the Damocles sword hanging over the head of the accused indefinitely. The trial Court is directed to take necessary steps to ensure that the witnesses are produced and examined and the trial shall be completed within a period of six months from the date of receipt of a copy of this order.

With the above direction, this petition is dismissed. Connected miscellaneous petition is closed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To

1. The Deputy Superintendent of Police Periyanaickenpalayam Coimbatore.

2.The Inspector of Police Periyanaickenpalayam Police Station Periyanaickenpalayam, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Munusamy, Advocate SR.NO. 58305 CRL.OP.No.22004 of 2016 KS(CO) MMP 12.11.2016