Saravanan, M/A 37 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P.No. 12744 of 2017 1.Saravanan 2.Poonguzali 3.Munusamy
...Petitioners
Versus
The State Rep. By Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.
2.Mahalakshmi
...Respondents
Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.99 of 2017 on the file of Inspector of Police, Cheyyar Police Station, Tiruvannamalai District and quash the same.
For Petitioner :
Mr.K.Selvarangan For R1 :
Mr.E.Raj Thilak Counsel for Govt. of Tamil Nadu (Criminal Side) For R2 :
Notice Served- Name Printed No Appearance.
ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings FIR in Crime No. 99 of 2017, dated 12.02.2020 on the file of Inspector of Police, Cheyyar Police Station, Tiruvannamalai District against the petitioners for the offences under Sections 294(b), 352, 306 of IPC.
2. Brief facts set out in the petition are as follows:- The 1st petitioner is the another son of the 3rd petitioner and the 2nd petitioner is the wife of the first petitioner and the 3rd petitioner is the father-in-law of the deceased. The 2nd respondent is the mother of the deceased. On 21.08.2018, the deceased Sankari had married the 3rd petitioner's son namely M.Kumar and both husband and wife were residing at No.258, Samathiyan Kula Street, Kada Nagar, Cheyyar and they had two children. On 11.02.2017 at 7.30 p.m., the defacto complainant received an information to his son's phone from one Bharathi who is the neighbour of deceased and the deceased committed suicide by pouring kerosene on herself and set fire.
Thereafter, the de-facto complainant along with her relatives and sons proceeded to Cheyyar Government Hospital and found her daughter dead with burn injuries, the de-facto complainant enquired the neighbours and she came to know that the petitioners herein scolded the deceased in respect of construction of house and the 2nd petitioner abused the deceased before the occurrence by stating that two children of the deceased were born to her husband namely 1st petitioner herein. Therefore, the deceased committed suicide by pouring kerosene on herself and set fire. Following the same, the de-facto complainant lodged a complaint before the 1st respondent police and the police registered a case for the offences under Sections 294(b), 352, 306 of IPC against the petitioners.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing on behalf of the first respondent and perused the materials available on record.
4.The learned counsel appearing for the petitioner would submit that though the respondent has registered a case in the above said crime number on 12.02.2021, no final report/charge sheet is filed till date.
5.The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the respondent police may be permitted to file a final report within a period of four months.
6.In view of the above, the respondent police is directed to either file a final report or closure report, as the case may
be, within a period of four months from the date of receipt of a copy of this order under due intimation to the defacto complainant.
7.With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar msm To 1.The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.
2.The Public Prosecutor, Madras High Court, Chennai.
PL(CO) RVM(11/10/2021)