C.Periyasamy v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR C.Periyasamy ... Petitioner Vs.
1.The Commissioner of Police, Commissioner Office, Coimbatore District.
2.State Rep. by Inspector of Police E-1 (Law & Order) Siganallur Police Station, Coimbatore District.
... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.1613 of 2020 on the file of the 2nd respondent Police and further to appoint any other independent investigating agency within the stipulated period of time in accordance with law.
For Petitioner :
Mr.M.V.Bibin Mahes for Mr.R.Subramanian For Respondents :
Mr.A.Gokulakrishnan, Additional Public Prosecutor ***** Page No.1 of 14
ORDER
This Criminal Original Petition has been filed to transfer the FIR in Crime No.1613 of 2020 on the file of the 2nd respondent Police to any other investigating agency.
2.Learned counsel for the petitioner submitted that the petitioner's sister Anantharani was given in marriage to one Ramesh on 22.08.2016, who was running travel business in the name of Kavi Travels at Coimbatore. From the date of marriage, there was some difference of opinion and wordy quarrel between Ramesh and Anantharani with regard to demand of dowry. Further, she was constantly harassed and humiliated at the hands of her husband/Ramesh and in-laws. The petitioner provided money to his sister's husband Ramesh and he developed his business. Despite giving money, the demand for dowry was persistent and the petitioner's sister complained to him that her suffering are unbearable and she intends to leave the matrimonial home. The petitioner's sister was advised to tolerate the sufferings and to lead a family life. Soon before the death, Anantharani's in-laws subjected her to torture by using unparliamentary words. On 30.08.2020, at about 04.45 Page No.2 of 14
a.m., the petitioner received a call informing that his sister was admitted in Saraswathy Hospital due to ill-health and the petitioner rushed to the hospital. The Doctors in the hospital examined the petitioner's sister and found she is dead and advised her to be taken to the Government Hospital. From the hospital information was sent to the respondent Police. Though FIR under Section 174 Cr.P.C., registered on 13.08.2020, no action taken. In the complaint, the petitioner made specific allegation against the said Ramesh, his parents and family members. The 2nd respondent Police without conducting investigation, altered Section from suspicious death. Thereafter, the petitioner made complaint to the superior officers, then to no action taken. 3.
He further submitted that the Postmortem Doctor gave opinion that the petitioner's sister died of Asphysia due to hanging and it is an unnatural death. Further, the Revenue Divisional Officer, Coimbatore conducted an enquiry and sent a report in M.C.No.22/20/A1, dated 14.08.2020 to the 2nd respondent Police, in which the finding is that the petitioner's sister Anantharani was subjected to dowry harassment by her husband, mother-in-law and sister-in-law, due to which, she committed Page No.
suicide by hanging. Despite receipt of the report, the 2nd respondent Police not taken any action against Ramesh and his family members. Hence, the present Criminal Original Petition for transfer of investigation has been filed.
4.Learned Additional Public Prosecutor appearing for the respondents filed status report and submitted that though the Revenue Divisional Officer, Coimbatore gave report dated, 14.08.2020 that Anantharani died because of demand of dowry, the petitioner, who is the defacto complainant gave a written statement on 30.01.2021 that he settled the issue with Ramesh and received 29 sovereigns of gold jewels and cash of Rs.2,37,000/- from Ramesh towards full and final settlement. In view of the same, the Assistant Commissioner of Police, Law and Order (East), Coimbatore City filed a report, dated 04.01.2021 before the learned Executive Magistrate-cum-Tahsildar, Sulur, Coimbatore and dropped all further action. Further, the present petition and complaint made as an afterthought for obvious reasons.
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5.This Court considered the rival submissions and perused the materials available on record.
6.The written statement, dated 03.01.2021 and the receipt attached to it, are produced before this Court. The scanned reproduction of the same is as follows:- Page No.5 of 14
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7.This Court specifically put a question to the 2nd respondent Police that why no action taken after getting report from Revenue Divisional Officer, Coimbatore on 14.08.2020 confirming that death is due to demand of dowry and harassment? the answer was that since the written statement and receipt, dated 03.01.2021 was submitted by the defacto complainant, the FIR in Crime No.1613 of 2020 has been closed. 8.When it was questioned who had submitted this written statement and receipt, the 2nd respondent Police fairly submitted that there is no reference to it in the Case Diary in Crime No.1613 of 2020. 9.Learned counsel for the petitioner submitted that the signature found in the written statement and receipt is not that of the defacto complainant/petitioner and he denies the same. Added to it, it is seen that the closure report, dated 04.
01.2021 has been filed before the Tahsildar, Sulur, which is not proper. Hence, this closure report cannot be considered to be a closure report. Any report including the closure report, ought to have been submitted only before the concerned jurisdictional Judicial Magistrate and not before Executive Magistrates. Page No.
Filing the closure report before Executive Magistrate, would not comply the provisions of the Code of Criminal Procedure, 1973. 10.In view of the above factual position, this Court directs transfer of investigation in FIR in Crime No.1613 of 2020, dated 13.08.2020 from the file of the 2nd respondent Police to the file of the Deputy Commissioner of Police, Coimbatore South, Coimbatore to conduct further investigation in Crime No.1613 of 2020 and file a final report before the concerned Court within a period of three months from the date of receipt of a copy of this order.
11.With the above direction, this Criminal Original Petition is allowed.
23.06.2023 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No vv2 Page No.12 of 14
To 1.The Commissioner of Police, Commissioner Office, Coimbatore District.
2.The Inspector of Police E-1 (Law & Order) Siganallur Police Station, Coimbatore District.
3.The Public Prosecutor, High Court, Madras.
Copy To:
The Deputy Commissioner of Police, Coimbatore South, Coimbatore.
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M.NIRMAL KUMAR, J.
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