Madras High CourtCRL OP(MD)/3914/2020disposed of

S.Gomathi v. The Superintendent Of Police

2020-03-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.3914 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.3914 of 2020 S.Gomathi

...Petitioner/Defacto complaint

Vs 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District ...Respondents/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent to change the investigation under Crime No.64 of 2020, on the file of the second respondent Police to any other investigating agency as deem fit and further direct the investigating officer to expedite the filing of charge sheet . For Petitioner : Mr.K.R.Laxman For Respondents : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed seeking transfer of investigation.

2.The petitioner's daughter Nivetha died under unnatural circumstances on 17.02.2020. The petitioner alleges that she found injuries on the body of her daughter and that, the second respondent is not taking proper action.

3.The learned Government Advocate (Crl.side) passed on the entire case file.

4.I consciously refrain from recording the stand taken by the learned Government Advocate as it may possibly prejudice the investigation. However, it is to be noted that the petitioner's representation dated 25.02.2020 specifically refers to the complaint dated 18.02.2020 given by her husband. In fact, Crime No.64 of 2020 has been registered under Section 174 of Cr.P.C., on that basis.

5.I went through the contents of the petitioner's husband's complaint. The petitioner's husband specifically alleges that his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3914 of 2020 son-in-law and others are responsible for the suicide committed by his daughter. Therefore, even according to the petitioner's husband, the death was one of suicide. Therefore, I am of the view that there is no merit in the petitioner's contention that injuries were found on the body of her daughter. Be that as it may, FIR in question cannot remain one under Section 174 of Cr.P.C. indefinitely. The occurrence had taken place way back on 17.02.2020. The complainant alleges cruelty on the part of the husband of his daughter which is said to be the reason for the suicide.

6.Therefore, the second respondent is directed to file an alteration report and incorporate the offence under Section 306 of IPC. Since it is an unnatural death, the Executive Magistrate will have to necessarily hold an enquiry. This should be done at the earliest. Therefore, directing the second respondent to speed up the investigation and file a final report within a period of three months, this criminal original petition is disposed of. Sd/- ASSISTANT REGISTRAR() TRUE COPY / /2020 SUB ASSISTANT REGISTRAR(CS) rmi To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-9462[F] dated 02/03/2020 ) Crl.O.P(MD)No.3914 of 2020 02.03.2020 MKB(13.02.2020)/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2