Madras High CourtCRL OP(MD)/5821/2021disposed of

J.Raju v. The Deputy Superintendent Of Police

2021-04-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5821 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5821 of 2021 J.Raju ... Petitioner Vs.

1. The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

2. The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

Crime No.334 of 2020.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondents police to file a final report before the learned Judicial Magistrate Court, Sathankulam in Crime No.334 of 2020 pending investigation on the file of respondent police.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking a direction to the second respondent herein to conclude the investigation and file a final report within time stipulated by this Court.

2. The case of the prosecution is that the petitioner's daughter namely R.Vennila got married to Thangadurai son of Murugan and after the wedlock a male child was born to the petitioner's daughter. He is about nine months old boy as on 05.08.2020. The petitioner's daughter was conceived for four months as on 05.08.2021. On 05.08.2020 R.Vennila has died at her matrimonial house at about 3.00 p.m. The petitioner received the death information only from the Anandapuram Health Centre, but the petitioner has not received any information either from anyone of matrimonial house of petitioner's daughter, or from the husband of the petitioner's daughter. Since there was a great suspicious over the family members of petitioner's daughter matrimonial home with regard to the petitioner's daughter death on 05.08.2020, the petitioner on 05.08.

2020 made a complaint before the second respondent Police. On 07.08.2020, the post-mortem was conducted by Government Hospital, Tiruchendur on the dead body of the petitioner's daughter and as per the post-mortem report, there was grievous injury on the head of the petitioner's daughter and the https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.5821 of 2021 petitioner's daughter was conceived for four months, at the time of her death, but there was no mentioning about the foetus of the petitioner's daughter in the post-mortem report. Thereafter, the respondent did not take any action as against the accused persons and they have not arrested any accused till the date. Hence, the present Criminal Original Petition is filed.

3. According to the learned Government Advocate (Crl.Side), originally the case was registered in Crime No.334 of 2020 under Section 174 of Cr.P.C. and during the course of investigation injuries were found on the head of the deceased. So the offence was altered 302 of IPC and the investigation is going on.

4. Recording the submission made by the learned Government Advocate (Crl.Side), a direction issued to the second respondent to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order.

5. With these directions, this Criminal Original petition stands disposed of.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

2. The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.5821 of 2021 23.04.2021 TR(25.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2