Murugesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2950 of 2024 Murugesan

...Petitioner

vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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

Crime No.214 of 2022

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 2nd Respondent Police to expedite the investigation in Crime No.214 of 2022 dated 16.11.2022 and file the final report within the stipulated time as may be fixed by this Court. For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/5

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner is the defacto Complainant in Crime No.214 of 2022 on the file of the second Respondent. The Petitioner had filed this Petition seeking direction against the second Respondent to complete the investigation in Crime No.214 of 2022 and lay the final report before the Court concerned. 2.It is the contention of the learned Counsel for the Petitioner that the Petitioner's son died under mysterious circumstances. Therefore, the Petitioner had preferred a complaint. The case was registered for the offence under Section 174 Cr.P.C., but the investigation had not proceeded to the satisfaction of the Petitioner. Therefore, he had filed this Petition seeking direction against the second Respondent to complete the investigation and file the final report before the Court concerned. 3.The learned Government Advocate (Crl.side), on instructions of the second Respondent, would submit that the investigation had proceeded and 24 witnesses had been examined. From the statements of the witnesses, it is 2/5

found that the son of the Petitioner committed suicide. Therefore, the second Respondent had closed the investigation as action dropped. 4.The learned Counsel for the Petitioner submits that the Petitioner was not aware of the action dropped in this case. 5.The Petitioner is directed to approach the Court of the learned Judicial Magistrate No.1, Srivaikuntam and file appropriate petition protesting against the closure of the investigation as action dropped. The learned Judicial Magistrate No.1, Srivaikuntam is directed to consider the Petition to be filed by the Petitioner/defacto Complainant, if any, protesting against the action dropped by the Investigation Officer, to conduct an enquiry and pass detailed orders regarding the same after giving due opportunities to both the parties.

With the above directions, this Criminal Original Petition is closed. Internet:Yes./No 26.02.2024 Index:Yes/No mm 3/5

To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.2950 of 2024 26.02.2024 5/5