Chinna Thambi, v. The Dgp., The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16588 of 2016 Chinnathambi ... Petitioner Vs.

1.The Director General of Police, The Director General of Police Office, Chennai.

2.The Deputy Inspector of Police, Madurai Region, Alagarkoil Road, Madurai.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

4.The Deputy Superintendent of Police, Aruppukottai Taluk, Virudhunagar.

5.The Deputy Superintendent of Police, PCR Wing, Virudhunagar District.

6.The Inspector of Police, Kariapatti Police Station, Aruppukottai Taluk Virudhunagar District.

7.The Sub Inspector of Police, Kariapatti Police Station, Aruppukottai Taluk.

Virudhunagar District.

....Respondents PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the 5th respondent to do re-investigation of the case in Cr.No.327 of 2015 registered by the 6th respondent and further direct the 5th respondent to complete the same with in a stipulated period as prescribed by this Court. For Petitioner : Mr. R. Anand For Respondents :Mrs.S. Bharathi, Government Advocate (crl side)

ORDER

This petition has been filed seeking for a direction to reinvestigate the case in Crime No.327 of 2015. 2.The petitioner is the father of the deceased Selvakumar. The petitioner's son was studying B.SC., Botany at S.N.College, Perungudi and on 08.10.2015 he left for college, but did not return home. The next day, the petitioner received a phone call from one Nandhagopal informing the petitioner that his son had committed suicide in the house of one Arun Kumar. 3.Thereafter, a complaint was given and the respondent Police registered an FIR under Section 174 of CrPC in Crime No.327 of 2015. Thereafter, investigation was conducted and a closure report was filed on 14.10.2016. In the report it has been stated that the Doctors who did postmortem have concluded that the death was due to hanging and sequale. The respondent Police after investigation has also found that the petitioner's son has committed suicide. Therefore, a closure report came to be filed by the respondent Police.

4.The learned Counsel for the petitioner submits that the petitioner has strong suspicion on the said Arun Kumar and two others whom he thinks to be responsible for the death of his son. 5.Earlier when the petitioner filed a petition before this Court for transfer of investigation, the same was disposed of by recording the closure report filed by the respondent Police and liberty was given to the petitioner to work out his remedy in accordance with law. Subsequently, this petition has been filed by the petitioner seeking for a remedy of reinvestigation in Crime No.327 of 2015.

6.This Court has gone through the final report filed by the respondent Police as well as the counter affidavit filed by the sixth respondent. This Court has also taken into consideration the finding in the Postmortem report. This incident took place in the year 2015 and the Police after investigation have found that the petitioner's son died due to hanging by committing suicide. Except for the fact that the petitioner suspects certain persons in this regard, there are no strong material placed before this Court to order for reinvestigation at this length of time and hence, this criminal original petition is dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III)

To 1.The Director General of Police, The Director General of Police Office, Chennai.

2.The Deputy Inspector of Police, Madurai Region, Madurai.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

4.The Deputy Superintendent of Police, Aruppukottai Taluk, Virudhunagar.

5.The Deputy Superintendent of Police, PCR Wing, Virudhunagar District.

6.The Inspector of Police, Kariapatti Police Station, Aruppukottai, Virudhunagar District.

7.The Sub Inspector of Police, Kariapatti Police Station, Aruppukottai Taluk, Virudhunagar District.

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

Dsk DS SKN SAR3 08 11 2018 3P 9C Crl.O.P.(MD)No.16588 of 2016 18.09.2018