Meena v. 1.The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.27692 of 2025 Meena ... Petitioner Vs.

1.State rep. by The Commissioner of Police, Salem City.

2.The Inspector of Police, Sooramangalam Police Station, Salem City.

... Respondents Prayer: Petition filed under Section 528 of BNSS, to direct the second respondent to conduct further investigation and include all the offence in Crime No.319 of 2025 dated 23.05.2025 on the file of the second respondent committed by the accused and file a final report within a stipulated period by conducting fair investigation.

For Petitioner :

Mr.M.Subash For Respondents :

Mr.R.Vinothraja, GA (Crl. Side)

O R D E R

This Petition has been filed seeking a direction to the second respondent to conduct further investigation and include all the offence as against the accused in Crime No.319 of 2025 dated 23.05.2025 on the file of the second respondent and to file a final report by conducting fair investigation,within a stipulated period as fixed by this Court.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. Side) appearing on behalf of the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's husband died due to falling of the palm tree which was uprooted negligently by the accused persons namely, Dr.Nanthakumar and his wife, for construction of compound wall. He further submitted that the respondent police has registered the case only under Section 194(1) of BNSS instead of Sections 105 & 106(1) in Cr.No.319 of 2025 on 23.05.2025. He contended that the petitioner has sent a representation in detail in this regard to alter the sections in the FIR and to conduct further investigation. However, there was no response and hence, the present Petition.

4. Per contra, the learned Government Advocate submitted that the death of the deceased was only due to fall of the palm tree on him due to heavy rain and the FIR has been registered in accordance with law, which warrants no interference.

5. On perusal of the FIR clearly indicates that the petitioner's husband died due to fall of the palm tree on him on account of heavy rain and hence, this Court is not inclined to interfere with the investigation.

6. Considering the facts and circumstance of the case and also taking into account, the submissions made by the learned counsel for the petitioner, this Court directs the respondent police to conduct the investigation and complete the same in a fair manner known to law. Accordingly, the Criminal Original Petition stands closed.

10.10.2025 DP Index:Yes/No NCC :Yes/No

N.SATHISH KUMAR.J, DP To 1.The Commissioner of Police, Salem City.

2.The Inspector of Police, Sooramangalam Police Station, Salem City.

3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.27692 of 2025 10.10.2025