Madras High CourtCRL OP(MD)/17024/2017closed

K. Kaliyammal v. The District Superintendent

2017-12-08Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD).No.17024 of 2017 K.Kaliyammal ... Petitioner Vs.

1. The District Superintendent of Police, Office of the Superintendent of Police, Theni District - 626 002.

2. The District Collector, Collector Office, Theni District.

3. The Revenue Divisional Officer, R.D.O.Office, Periyakulam, Theni.

4. The Deen, The Chief Medical Officer, Theni Medical College Hospital, Kanavilakku, Theni.

5. The Deputy Superintendent of Police, Periyakulam, Theni District.

6. The Inspector of Police, Thevadhanapatti Police Station, Theni District -626 204. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the sixth respondent to register the First Information Report on the basis of the petitioner's complaint, dated 06.12.2017 relating to the death of the petitioner's husband, Kamatchi, S/o.Perumal under the provisions of SC/ST Prevention of Atrocities Amendment Act 2015 and relevant Sections and to take action in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For R-1 to R-3 & R-5 & R-6 : Mr.K.S.Durai Pandian, Additional Public Prosecutor.

ORDER

This Criminal Original petition is filed for issuing a direction to the sixth respondent to register the First Information Report on the basis of the petitioner's complaint, dated 06.12.2017 relating to the death of the petitioner's husband, Kamatchi, S/o.Perumal under the provisions of SC/ST Prevention of Atrocities Amendment Act 2015 and relevant Sections and to take action in accordance with law within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3, 5 and 6.

3. Learned Additional Public Prosecutor on instructions submitted that the complaint itself has already been registered on the basis of the information with regard to the incident. However, learned counsel for the petitioner states that the petitioner herself has given a complaint against some individuals involving them as if they are behind the suspicious death of the petitioner's husband.

4. It is open to the petitioner to raise a plea if she is able to make out a case on the basis of second Postmortem conducted pursuant to the direction of this Court in Crl.M.P.(MD)No.11200 of 2017, dated 08.12.2017.

5. With the above observation, the Criminal Original petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The District Superintendent of Police, Office of the Superintendent of Police, Theni District - 626 002.

2. The District Collector, Collector Office, Theni District.

3. The Revenue Divisional Officer, R.D.O.Office, Periyakulam, Theni.

4. The Deputy Superintendent of Police, Periyakulam, Theni District.

5. The Inspector of Police, Thevadhanapatti Police Station, Theni District -626 204.

6. The Deen, The Chief Medical Officer, Theni Medical College Hospital, Kanavilakku, Theni.

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

+ 1 CC TO Mr.R.ALAGUMANI, ADVOCATE IN SR No. 91828 PMU TE/SKN-RSK/SAR-1 : 13/12/2017 : 3P/9C CRL.OP.(MD).No.17024 of 2017 08.12.2017