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Madras High CourtCRL OP/18817/2025disposed of

Mr.Pachiyappan v. The State Rep. By The Inspector Of Police,

2025-07-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Pachiyappan ... Petitioner Vs.

1. The State Rep. by Inspector of Police Eriyur Police Station Dharmapuri District

2. Valli ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to issue direction for re-investigation of FIR bearing Crime No.44 of 2025 on the file of Eriyur Police Station, Dharmapuri District, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 based on the representations dated 06.04.2025.

For Petitioner : Mr.J.Karthik Eswaran For First Respondent : Dr.C.E.Pratap Govt. Advocate (Crl. Side) for R1 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner for reinvestigation of the case in Crime No.44 of 2025 on the file of Eriyur Police Station, Dharmapuri District, based on the representation dated 06.04.2025.

2. The learned counsel for the petitioner submitted that on 18.03.2025, the petitioner's younger daughter namely Madhumitha met with an accident and died. After performing the final rights, they came to know that the FIR has been registered based on the complaint given by the second respondent herein in which, it is stated that her daughter-in-law/the petitioner's daughter met with an accident while travelling in a two wheeler along with her sons. The contention of the petitioner is that the petitioner's daughter is an unmarried girl. Even in the death certificate, the name of one Vignesh/the second respondent's son has been mentioned as husband of the petitioner's daughter instead of 2/5

mentioning the petitioner's name as father. Hence, the petitioner made a representation to the Superintendent of Police for which, the petitioner was asked to get a direction from the Court. Hence, the present petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and also perused the materials available on record.

4. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

5. It is seen that the grievance of the petitioners is that instead of mentioning the petitioner and his wife name as parents of the deceased Madhumitha, one Vignesh name has been mentioned as husband of deceased Madhumitha in the death certificate of the deceased Madumitha. Further the deceased was unmarried at the time of her death. Therefore to rectify the same, 3/5

the petitioner now approached this Court, which cannot be done by this Court. Therefore, this Court is not inclined to entertain this petition.

6. However, the petitioner is at liberty to raise all the facts before the respondent police while recording statement under Section 180 of BNSS.

7. With the above directions, this Criminal Original Petition is disposed of.

08.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. The Inspector of Police, Eriyur Police Station, Dharmapuri District 2.The Public Prosecutor, High Court of Madras, Chennai. 4/5

P.VELMURUGAN,J.

Ksa-2 08.07.2025 5/5