Palaniappan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Palaniappan ... Petitioner/Defacto Complainant Vs.
1. The Superintendent of Police, Karur District, Karur.
2. State Rep. by the Inspector of Police, Thogamalai Police Station, Karur District.
(Crime No.548 of 2020) ... Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police to expedite the investigation in Crime No.548 of 2020, dated 26.11.2020 and file the final report within a stipulated time as may be fixed by this Court. For Petitioner : Mr.P.Surliraja For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).
ORDER
This Criminal Original Petition is filed seeking a direction to the second respondent police to expedite the investigation in Crime No.548 of 2020, dated 26.11.2020 and file the final report within a stipulated time.
2. The case of the prosecution is that on a complaint preferred by the petitioner, the second respondent police has registered the case in Crime No.548 of 2020, dated 26.11.2020, for the alleged offences under Section 306 IPC. It is averred in the complaint that the one Yuvanraj, under the pretext of marriage had physical relationship with the petitioner's daughter. Due to which, the petitioner's daughter got conceived. However, to abort the same, on 22.11.2020, he had administered abortion tablets, due to which, she 1/3
had sustained severe bleeding and went to unconscious stage. After slight recovery, she has informed that due to love affair, she got conceived and the accused assured that he would marry the daughter of the defacto complainant after her recovery. However, on 26.11.2020 at about 6.00 am., it was informed by petitioner's daughter that he refused to marry her. Subsequently, she had committed suicide by self immolation by pouring kerosine. In respect of the said incident, on complainant preferred by the petitioner, F.I.R has been registered in Crime No.548 of 2020, dated 26.11.2020 for the offence under Section 306 IPC. However, even after the lapse of five months, the respondent police did not take any effective steps to investigate and file the final report.
Due to inaction on the part of the second respondent police, the petitioner sent a detailed representation to the higher officials of the second respondents on 30.11.2020 and requested them to take appropriate action in respect of death of the petitioner's daughter. Since no action was taken till date, he has no other option except to approach this Court.
3. The Crime is of the year 2020 and offences are under Section 306 I.P.C. The grievance of the petitioner is that even after a lapse of several months, investigation is not completed and final report is not filed.
4. The learned Government Advocate (Crl.Side) would submit that the investigation is almost completed and within four weeks it will be concluded.
5. Recording the statement made by the learned Additional Public Prosecutor, there shall be a direction to the second respondent herein to conclude the investigation in Crime No.548 of 2020 within a period of four weeks from the date of receipt of a copy of this order and file the same before the concerned jurisdictional Court.
6. With these directions, this Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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. 2/3
To
1. The Superintendent of Police, Karur District, Karur.
2. The Inspector of Police, Thogamalai Police Station, Karur District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court.
Madurai.
Crl.O.P.(MD)No.6203 of 2021 30.04.2021 RK (11.08.2021) 3P 4C 3/3