Zeenathunisha v. Dist Sup Of Po Cmbtore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.23296 of 2018 Zeenathunisha ... Petitioner Vs 1.State rep. by The Commissioner of Police, Coimbatore District.

2.The Inspector of Police, B-4 Ukkadam Police Station, in Cr.No.441/2016 ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to file final report in Crime No.441 of 2016 dated 09.10.2016 before the V Judicial Magistrate Court, Coimbatore within a time bound frame. For Petitioner : Mr.A.Raja Mohamed For Respondents : Mr.C.Raghavan, GA

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to file Final Report in Crime No.441 of 2016. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.On the complaint lodged by the petitioner, the respondent Police registered a case in Crime No.441 of 2016 on 09.10.2016 under Section 174 Cr.P.C. Under such circumstances, the petitioner is before this Court with the above prayer.

4.Today, Mr.S.Madhu Vikram, Sub Inspector of Police, B-4 Ukkadam Police Station, Coimbatore is present before this Court. 5.On instructions, learned Government Advocate submitted that initially, the case was registered under Section 174 Cr.P.C. on 09.10.2016. On the next day, the case was altered to one under Section 302 IPC. However, during the course of investigation, it came to light that the deceased was not murdered by anyone and therefore, a Closure Report titled further action dropped was filed before the Judicial Magistrate No.V, Coimbatore. Since there was vacancy, the case was dealt by Judicial Magistrate No.VI, Coimbatore, who issued RCS notice to the petitioner. After receipt of RCS notice, the petitioner has endorsed that she is accepting the Closure Report and is not agitating.

6.Recording the same, this petition is closed. Since the matter relates to homicidal death of the petitioner's husband, liberty is given to the petitioner to file a protest application before the concerned Magistrate within a period of one month from the date of receipt of a copy of this order. Today, copies of the FIR, Closure Report, Postmortem Report, Alteration Report and all the necessary reports have been furnished to the learned counsel for the petitioner across the Bar.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar gya To 1.The Judicial Magistrate No.V, Coimbatore.

2.The Judicial Magistrate No.VI, Coimbatore.

3.1 and 2 thro' The Chief Judicial Magistrate, Coimbatore.

4.The Commissioner of Police, Coimbatore District.

5.The Inspector of Police, B-4 Ukkadam Police Station, in Cr.No.441/2016 6.The Public Prosecutor, High Court, Madras.

CRL.OP.No.23296 of 2018 srg 17/10/2018