Madras High CourtCRL OP(MD)/11224/2015disposed of

Kuppusamy v. The Superintendent Of Police,

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11224 of 2015 Kuppusamy ... Petitioner Vs.

1.The Superintendent of Police, O/o the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi District.

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondents Police to register a case based on the complaint of the petitioner dated 31.05.2015 against the proposed accused either under Section 302 I.P.C. Or 306(A) I.P.C. And investigate the matter and file a final report within a time. For Petitioner : Ms.A.Rajini For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondents Police to register a case based on the complaint of the petitioner dated 31.05.2015 against the proposed accused either under Section 302 I.P.C. Or 306(A) I.P.C. And investigate the matter and file a final report within a time.

2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side), appearing for the respondent. 3.The petitioner is the father of the deceased alleging that the death of his daughter is not natural. A complaint was given on 31.05.2015. One day prior to that, the husband of the deceased gave a complaint on 30.05.2015, based on which, a case has been registered under Section 174 Cr.P.C. and subsequently, after investigation it has been closed, by filing final report.

4.From the said facts, it is clear that the complaint of the petitioner has not been looked into. There is no indication that the petitioner has been enquired at all. Considering the same, as the second respondent has already formed his opinion and filed counter affidavit to that effect, the first respondent is directed to transfer the investigation to any other Officer under his control and examine the petitioner, look into his case and file final report within a period of four months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

5.With the above directions, the Criminal Original Petition is disposed of.

Ssl Sd/- Assistant Registrar[AE] /True copy/ Sub Assistant Registrar To 1.THE SUPERINTENDENT OF POLICE, O/O THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT. 2.THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE SECTION OFFICER, CRIMINAL RECORDS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC TO MR.A.RAJINI, ADVOCATE SR.NO.35527.

Crl.O.P.(MD)No.11224 of 2015 Dated:02.07.2015 2P/6C RPB 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/