D.Kokila v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10 .02.2017

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD)No.284 of 2017 D.Kokila : Petitioner Vs.

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Lalgudi Police Station, Trichy District. : Respondents Prayer: This petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to reinvestigate the case in Crime No.75 of 2010 by appointing any other competent police officer. For Petitioner : Mr.R.Pandi Maharaja For Respondents :Mr.K.Anbarasan Government Advocate (Criminal side)

O R D E R

This petition is filed to direct the 1st respondent to reinvestigate the case in Crime No.75 of 2010 by appointing any other competent police officer.

2.The learned counsel appearing for the petitioner would contend that the petitioner is the elder sister of the deceased Sivakarthick, who was murdered by inflicting cut and stab injuries indiscriminately followed by property dispute and that a case in Crime No.75 of 2010 stands registered based on the complaint given by the father of the petitioner and that initially, the case was registered against five persons and thereafter, final report was filed by arraying 7 persons as accused in addition to the persons shown in the FIR and that though, the final report was filed in the month of August 2010, the copy of the final report has not been furnished to the accused till date. It is further submitted that the petitioner's father died on 18.11.2011 in a suspicious circumstances. Hence, he prayed that the case has to be rehttps://hcservices.ecourts.gov.in/hcservices/

investigated by the other competent officer to find out the real facts.

3.Per contra, the learned Government Advocate (Criminal side) appearing for the respondents would submit that after conducting proper investigation, final report was filed before the court concerned and the case was taken as PRC No.209 of 2010. Hence, he prayed for the dismissal of the petition. 4.It is seen from the records that the case was taken on filed by the learned Judicial Magistrate, Lalgudi and after completing investigation, final report was filed in PRC No.209 of 2010.

5.The contention of the petitioner is that final report has not been properly filed and the case has to be re-investigated by a competent officer.

6.The case was taken on file as early as 03.08.2010 and posted to 17.08.2010 for hearing. After a very long day, the present petition is filed for re-investigation only in the the month of January 2017. Hence, this court finds no reason to order for reinvestigation and accordingly, the petition is liable to be dismissed.

7.In the result, this petition is dismissed Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Lalgudi Police Station, Trichy District.

+1cc to Mr.R.PANDI MAHARAJA Advocate in SR. No.7973 ER JS/RSK/20.02.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD)No.284 of 2017 10.02.2017