Madras High CourtCRL OP(MD)/13916/2016disposed of

Mari v. The Commissioner Of Police

2017-05-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.13916 of 2016 Mari : Petitioner/De-facto complainant -vs1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.435/2016) : Respondents / Complainants Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to issue a direction to expedite the investigation and also to direct the first respondent to monitor the investigation of the case in Crime No.435 of 2016 dated 09.04.2016 on the basis of the FIR registered by the second respondent.

For Petitioner : Mr.R.Sadagoban Rengasamy For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.side)

O R D E R

This petition has been filed by the petitioner to expedite the investigation and also to direct the first respondent to monitor the investigation of the case in Crime No.435 of 2016 dated 09.04.2016 on the basis of the FIR registered by the second respondent.

2. Heard Mr.R.Sadagoban Rengasamy, learned counsel for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate, appearing for the respondents.

3. One Sudhakar, who is the husband of the petitioner, committed suicide by consuming poison at his work place. Pursuant to which, on the complaint given by the petitioner, a case in Crime No.435 of 2016 was registered on 09.04.2016 under Section 174 Cr.P.C. While so, the petitioner is before this Court with the above prayer.

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4. Today, when the matter was taken up for hearing, the learned Government Advocate, on instructions, submitted that

Sudhakar was working in TVS Company and it was alleged that he has misappropriated some money and therefore, when he was questioned by the employer, he had consumed poison on account of shame. The learned counsel also submitted that the investigation has been completed and the case has been closed as 'Action Dropped' and the closure report has also been filed before the learned Judicial Magistrate No.IV, Tirunelveli on 26.05.2016.

5. Under such circumstances, this Court is of the view that it is not a fit case, in which, the prayer of the petitioner can be considered. However, a copy of the closure report has been handed over to the learned counsel for the petitioner across the bar. However, liberty is given to the petitioner to file a protest application before the learned Judicial Magistrate No.IV, Tirunelveli, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate No.IV, Tirunelveli.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

+1cc to Mr.R.Sadagoban Rengasamy, Advocate Sr.No.55891 ns vb/rsk/sar4/11.05.2017/2p/6c Order made in Crl.O.P.(MD) No.13916 of 2016 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/