R.Ponnammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.8129 of 2023 R.Ponnammal ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to conduct further investigation of the case in Crime No.96 of 2022 on the file of the second respondent and to complete the same within a stipulated period as framed by this Court. For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.S.S.Madhavan Government Advocate (Crl. Side)

O R D E R

This petition is filed seeking for further investigation in Crime No. 96 of 2022 pending on the file of the second respondent police. 1/4

2. According to the petitioner, his son has committed suicide by hanging in a separate house where the petitioner's son and his wife were living separately. It is also submitted that since the petitioner was away from the place where death occurred, the police have taken the complaint from the wife of the deceased and registered the case.

3. Learned Additional Public Prosecutor submits that the deceased and his wife along with their son are residing in the same house and a report has been taken from the wife of the deceased and a case in Crime No.96 of 2022 registered under Section 174 of Cr.P.C. On receipt of the postmortem report that the deceased died of hanging and after realising that it was not a homicide, police have completed the investigation and about to file charge sheet before the learned Magistrate Court.

4. The petitioner has submitted that her statement was also not recorded, however, learned Additional Public Prosecutor has shown that on the date on incident itself the statement of the mother of the deceased , i.e, the petitioner has already recorded. Though the petitioner 2/4

has been suspecting that on account of harassment of the deceased wife and father in law, the deceased has committed suicide, there is no record to that extent. The deceased died without leaving any suicide note. According to learned Additional Public Prosecutor nobody has spoken about the alleged harassment of deceased wife and father in law.

5. Considering the circumstances, this petition, at this stage, is disposed of as police stated to have completed the investigation. The petitioner is however at liberty to approach the concerned Magistrate Court and file application under Section 173(8) of Cr.P.C., in case, if he is advised to seek for further investigation against the wife and father in law of the deceased.

24.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/4

DR.D.NAGARJUN,J PKN To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.8129 of 2023 Dated: 24.07.2023 4/4