Madras High CourtCRL OP(MD)/14263/2017disposed of

Muthuselvi v. The Superintendent Of Police

2018-10-01Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl OP(MD)No.14263 of 2017 Muthuselvi ... Petitioner Vs.

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

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

[Crime No.137 of 2016]

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code,to direct the 1st respondent herein to direct the ReInvestigation of the F.I.R.in Crime No.137 of 2016 dated 14.10.2016 registered for the offences U/s. 279, 337 and 304(A) IPC on the file of the 2nd Respondent herein by any other competent Superior Officer on basis of the petitioner's representation dated 07.12.2016 submitted in person. For Petitioner : Mr.A.Thiruvadi Kumar For Respondents: Mrs.S.Bharathi, Government Advocate(crl side)

ORDER

This petition has been filed seeking to re-investigation. 2.The learned Counsel for the petitioner would submit that the petitioner's husband died in a road accident on 13.10.2016, when he along with the petitioner was going in a two wheeler, which was hit by a TATA Ace vehicle.

3.The respondent Police registered an FIR in Crime No.137 of 2016 for the offence under Sections 279, 337 and 304A of IPC. 4.The learned Government Advocate would submit that the respondent Police have filed a closure report before the Judicial Magistrate, Sathankulam on 30.10.2016. The learned Government Advocate on instructions would submit that RCS notice sent to the petitioner was refused to be received by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.The closure report has been served on the Counsel for the petitioner today. Liberty is given to the petitioner to workout her remedy by filing appropriate petition before the Court below and proceed in accordance with law.

6.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

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

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

+ 1 CC TO MR.A.THIRUVADI KUMAR, ADVOCATE IN SR NO.88149 DSK BU/SKN/SAR-III :12.11.2018 : 2P/5C Crl OP(MD)No.14263 of 2017 01.10.2018 https://hcservices.ecourts.gov.in/hcservices/