Mr.L.Murugan v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA L.Murugan ...
Petitioner versus 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
2.The Assistant Commissioner of Police, Anna Nagar Range, K-4, Anna Nagar Police Station, Anna Nagar, Chennai.
3.The Inspector of Police (L & O), K-3, Aminjakarai Police Station, Aminjakarai, Chennai.
(Crime No.309/2022) ...
Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents to conduct further investigation and alter the FIR No.309/2022 from 174 of Cr.P.C. to 498(A), 306 of IPC and among other offences of IPC and Dowry Prohibition. For Petitioner : Mr.D.Ashok Kumar 1/6
For Respondents : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed seeking for a direction to the respondents to conduct further investigation and alter the FIR in Crime No.309 of 2022 from Section 174 of Cr.P.C. to Sections 498(A), 306 of IPC and among other offences of IPC and Dowry Prohibition.
2.
The grievance of the petitioner is that his daughter viz. Priyadharshini was married to one Kalaivendhan on 13.03.2019. According to the petitioner, his daughter did not live a peaceful married life at her matrimonial house and she was being harassed by her husband and in-laws. Out of her wedlock, she also delivered a female child. In this background, it was informed to him at about 8.00a.m. on 11.07.2022 that his daughter had committed suicide.
3.
On the complaint given by the relative of the deceased, a case has been registered in Crime No.309 of 2022 under Section 174(3) of 2/6
Cr.P.C. for doubtful death of the petitioner's daughter Priyadharshini. Now, the petitioner has sought the respondents to alter the provisions for the offences under Sections 498(A), 306 of IPC and all other relevant provisions for dowry demand.
4.
Once the complaint is given, the petitioner has to allow the police to conduct their investigation and come out with their conclusion about the investigation. Even according to the learned Additional Public Prosecutor appearing for the respondents, investigation is still pending and RDO report has been obtained recently. It is up to the investigation officer to peruse the report and alter the charges in accordance with the materials available to him during the course of investigation. At the conclusion of the investigation and at the time of filing the charge sheet, if the petitioner finds that there is any injustice done, he is at liberty to seek appropriate remedy under law.
5.
It is relevant to mention that the petitioner is said to have produced the suicide note of the deceased. If any such material is produced by the petitioner, it is the duty of the third respondent police to take it for 3/6
investigation. Since the investigation has not yet been concluded, I feel it is sufficient to direct the third respondent police to consider the materials available and complete the investigation as expeditiously as possible and file the final report.
6.
With these observations, this Criminal Original Petition is disposed of.
20.10.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 4/6
To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
2.The Assistant Commissioner of Police, Anna Nagar Range, K-4, Anna Nagar Police Station, Anna Nagar, Chennai.
3.The Inspector of Police (L & O), K-3, Aminjakarai Police Station, Aminjakarai, Chennai.
4.The Public Prosecutor, Madras High Court, Chennai.
5/6
R.N.MANJULA , J.
sri 20.10.2022 6/6