Madras High CourtCRL OP(MD)/6505/2016dismissed

C. Duraipandi v. The Superintendent Of Police

2016-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6505 of 2016 C.Duraipandi ... Petitioner vs.

1.The Superintendent of Police O/o.The Superintendent of Police Ramanathapuram District 2.The Inspector of Police C.1.Town Police Station Rameswaram Ramanathapuram District (Crime No.43 of 2015) ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to provide Chemical Examination Report to the petitioner in Crime No.43 of 2015, under Section 174 Cr.P.C., dated 22.04.2015, on the file of the second respondent. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to provide chemical examination report in Crime No.43 of 2015 to him.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

3. It is seen that the petitioner's brother died, on 22.04.2015, in Indian Bank, Rameswaram Branch, where he was employed. In connection with his death, on the complaint lodged by the petitioner, the respondent Police registered a case in Crime No.43 of 2015, under Section 174 Cr.P., on 22.04.2015 and the investigation is still pending. Whileso, the petitioner has filed this criminal original petition seeking the relief as stated above.

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4. In the considered opinion of this Court, the petitioner will not be entitled to these documents during the course of investigation in view of the law, laid down by the Honourable Full Bench of this Court in Selvanathan vs. State, reported in 1988 LW (Cri) 503. However, after completion of investigation, the respondent Police are directed to furnish a copy of the final report or closure report, as the case may be, to the petitioner so as to enable him to workout his remedy in the manner known to law.

5. Accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, C.1.Town Police Station, Rameswaram, Ramanathapuram District.

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

+1 cc to Mr.T.Lajapathi Roy,Advocate SR No.24049 rg.NGM-SS 06.05.2016 2P.5C Crl.O.P.(MD) No.6505 of 2016 26.04.2016 https://hcservices.ecourts.gov.in/hcservices/