Madras High CourtCRL OP(MD)/8353/2021disposed of

Jessi Suguna Bai v. The Inspector Of Police(L And O)

2021-07-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8353 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 06.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8353 of 2021 Jessi Suguna Bai ... Petitioner Vs.

The State Rep by The Inspector of Police, (L&O), Koodal Pudur Police Station, Madurai.

... Respondent Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent to expedite the investigation in Crime No.748 of 2017 and file the final report within a stipulated time, as may be fixed by this Court.

For Petitioners : Mr.M.Chandrasekaran For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to direct the respondent to expedite the investigation in Crime No.748 of 2017 and file the final report within a time stipulated by this Court.

2. Case of the petitioner:- The case of the petitioner is that the petitioner's daughter is the owner of the vehicle bearing Registration No.TN-66-R-5793 and the same was under hypothecation. So, after securing a job, his daughter went overseas and the vehicle was in the custody of the petitioner. On 19.07.2017, he went to see her younger daughter. At that time, a phone call was received by her stating that a fire happened in his campus and later, it was extinguished. On 19.07.2017, she came to Madurai and lodged a complaint with the respondent on 21.07.2021, based upon which, a case in Crime No.748 of 2017 was registered under accidental fire. So, during the course of investigation, no material object has been recovered by the police. Since no action has been taken, this petition is filed seeking a direction.

3. When the matter came up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner, a case was registered and investigation was undertaken. During the course of investigation, the Mobile Forensic Science Laboratory, Madurai City, was also utilised and it visited the spot, on 21.07.2017, at about 14.15 p.m,. During the course of spot visit, the neighbours were enquired and observation was made in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8353 of 2021 the place of occurrence and all the material objects and the damaged vehicle were also inspected. From the observation and enquiries, it came to the conclusion that the fire would have originated from the Engine portion of the Car due to the electrical fault. They collected materials and sent to the same to the Forensic Department, Chennai.

4. On 21.08.2017, the closure report was also filed before the concerned Court by observing that the involvement of Human Agency is ruled out. It concluded that it is purely an accidental fire. The Closure Report was also filed before the concerned Court. So, nothing survives for further consideration or direction in this petition. The petitioner is directed to work out her remedy before the appropriate Court through appropriate proceedings.

5. With this liberty, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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. To 1.The Inspector of Police, (L&O), Koodal Pudur Police Station, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.CHANDRASEKARAN, Advocate ( SR-20350[F] dated 28/06/2021 ) Crl.O.P.(MD)No.8353 of 2021 06.07.2021 LS(CO) KB(13.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2