Madras High CourtCRL OP(MD)/3691/2017closed

Vanaraja v. The Superintendent Of Police

2017-04-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3691 of 2017 1.Vanaraja 2.Karuppanan : Petitioners -Vs1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Police Station, Madurai District.

: Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent police to comply the direction of the Hon'ble District Legal Services Committee, District Munsif -cum- Judicial Magistrate Court, Usilampatti, vide its proceedings dated 26.12.2016 in Ka.No.483/2016 and to conduct the investigation in Crime No.177 of 2016 in fair and proper manner and file final report within a time stipulated by this Court.

For Petitioners : Mr.S.Sukumar For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

Pursuant to the death of one Maharajan, on the complaint given by one Cheliyan, who is the brother of Maharajan, the respondent police have registered a case in Crime No.177 of 2016 on 06.07.2016 under Section 174 of the Code of Criminal Procedure. At this juncture, the petitioners gave a representation to the District Legal Services Committee, stating that they were witnessed the alleged occurrence and hence, they should be added as witnesses to the case. The District Legal Services Committee, by communication dated 26.12.2016, has sent a representation to the Investigating Officer. While so, the petitioners are before this Court with the above prayer.

https://hcservices.ecourts.gov.in/hcservices/

2. Today Mrs.A.Jaichitra, Sub-Inspector of Police, Usilampatti Taluk Police Station is present. On instructions, the learned Government Advocate (Criminal side) submitted that the investigation in Crime No.177 of 2016 is pending and the viscera report is awaited.

3. On a reading of the post-mortem report, it is seen that there is a ligature mark around the neck of the deceased. Apart from which, there is no other external injury. For want of viscera report, final opinion is pending. Under such circumstances, no direction as prayed for by the petitioners can be granted. Hence, this Criminal Original Petition is dismissed. However, the Deputy Superintendent of Police, Usilampatti Sub-Division, is directed to monitor the investigation in Usilampatti Police Station in Crime No.177 of 2016.

Sd/- Assistant Registrar (Protocol) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

3.The Inspector of Police, Usilampatti Police Station, Madurai District.

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

5.The District Munsif - cum- Judicial Magistrate Court, Districst Legal Service Committee, Usilampatti, Madurai District.

+1cc to Mr.S.Sukumar, Advocate Sr.No.18980 SML VB/KP/SAR4/13.04.2017/2P/7C Order made in CRL.O.P.(MD) No.3691 of 2017 Dated: 03.04.2017 https://hcservices.ecourts.gov.in/hcservices/