Madras High CourtCRL OP(MD)/6580/2019disposed of

Muniappan, v. The Inspector Of General Of

2022-03-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Muniappan ... Petitioner Vs.

1. The Inspector General of Police, Central Zone, Tiruchirappalli.

2. The Superintendent of Police, Tiruchiarppalli.

3. The Inspector of Police, Thuraiyur, Trichy District.

4. The Sub- Inspector of Police, Uppiliyapuram Police Station, Thuraiyur Taluk, Trichy District.

5. The Deputy Superintendent of Police, Crime Branch CID, Tiruchirappalli.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw the investigation of the Crime No.48 of 2019 on the file of the respondents 3 and 4 and transfer the same to the respondent 5.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.SS.Madhavan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to withdraw the investigation of the Crime No.48 of 2019 on the file of the respondents 3 and 4 and transfer the same to the respondent 5.

2. The case of the prosecution is that the defacto complainant preferred a complaint before the 4th respondent police stating that his son namely, Senthilkumar, got married with one Sathiya and due 1/3

to their wedlock, they got one male child and one female child. After marriage, there was a dispute between the husband and wife. Due to that, he committed suicide by hanging. Based on the complaint given by the father of the deceased/ the petitioner herein, a case was registered in Crime No.48 of 2019 under Section 174 of Cr.P.C, on the file of the 4th respondent police station and the same was taken up for investigation.

4. The learned Government Advocate (Crl.Side) would submit that the post-mortem report shows that there was an external injury on the body of the deceased, but on going through the post-mortem report, there is no explanation for that. Now, the investigation was completed and the final report was also filed before the learned Judicial Magistrate, Thuraiyur as "further action dropped".

5. Since the case has been closed as "further action dropped", the question of transfer of investigation may not arise and the petitioner may work out his remedy before the trial Court through appropriate proceedings.

6. With the above said liberty, this Criminal Original Petition is disposed of. Let the petitioner may receive a copy of the final report.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi To

1. The Inspector General of Police, Central Zone, Tiruchirappalli.

2. The Superintendent of Police, Tiruchiarppalli.

3. The Inspector of Police, Thuraiyur, Trichy District.

4. The Sub- Inspector of Police, Uppiliyapuram Police Station, Thuraiyur Taluk, Trichy District.

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5. The Deputy Superintendent of Police, Crime Branch DID, Tiruchirappalli.

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

29.03.2022 SG(CO) KB(28.04.2022) 3P 7C 3/3