Munusamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Munusamy ... Petitioner Vs.

1. State Rep.by The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2. The Inspector of Police, Sathanur Dam Police Station, Tiruvannamalai District.

Cr.No.174 of 2022 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the second respondent police to alter the F.I.R under Section 174 of Cr.P.C in Cr.No.174 of 2022 on the file of the second respondent police as Section 302 of IPC. For Petitioner : Mr.C.Samivel For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The complaint registered under Section 174 of Cr.P.C, now culminated in closure report after receipt of the post-mortem report indicating that the son of the petitioner died due to excessive consumption of alcohol.

2. This petition is filed seeking direction to alter charge from 174 Cr.P.C to 302 of IPC. Since the medical report and the investigation has indicated that it was a natural death due to excessive consumption of alcohol, there is no ground to entertain this petition. Hence, this Criminal Original Petition is dismissed.

3. The respondent police is directed to serve the copy of the closure report to the defacto complainant.

4. The petitioner if aggrieved, can work out his remedy in the manner known to law.

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To

1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2. The Inspector of Police, Sathanur Dam Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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