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Madras High CourtWP(MD)/7632/2019closed

V.Pichaimani, v. The Director General Of

2022-01-10Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W.M.P(MD)No.6626 of 2019 V.Pichaimani ... Petitioner Vs.

1.The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

2.The Inspector General of Police, Trichy District, Trichy.

3.The Deputy Inspector General of Police, Thanjavur District, Thanjavur.

4.The Superintendent of Police, Thanjavur District, Thanjavur.

5.The Deputy Superintendent of Police, Pattukkottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 14.02.2018 and take action against 1.Abdul Kapoor, 2. Periyaswamy, 3/M.Peramaiyan and 4.Abdul Mailk, who had forced Mr.Vetrivel to commit suicide.

For Petitioner : Mr.M.Madhu Prakash For Respondents : Mr.P.Kottaichamy Government Advocate 1/3

ORDER

This writ petition has been filed by the mother of one Vetrivel, who committed suicide on 21.06.2017, alleging that her son was forced to commit suicide at the instigation of four persons, who are Abdul Kapoor, Periyaswamy, M.Peramaiyan and Abdul Mailk and therefore, she took out on application under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Pattukkottai to direct the Inspector of Police, Madhukoor Police Station to register the case and investigate the same. Accordingly, the learned Judicial Magistrate, Pattukkottai directed the respondent police to register the complaint and file report vide order dated 31.10.2017.

2. The present writ petition has been filed alleging that inspite of a direction of the learned Magistrate, there is no progress in the investigation and therefore, the petitioner filed a writ petition in W.P(MD)No.33026 of 2018 before the Principal Bench of Madras High Court seeking writ of mandamus for disposal of her representation dated 14.02.2018. The Principal Bench, vide order dated 18.12.2018 has observed that the investigation is in progress in Cr.No.133/2017 and any petition can be moved only before the Madurai Bench of Madras High Court. In view of the said order, the present writ petition has been filed before this Court seeking mandamus to consider the petitioner's representation, dated 14.02.2018 and take action against the suspected persons, who have forced the petitioner's son to commit suicide.

3. A perusal of the representation, dated 14.02.2018 reiterates the facts about the suspicious action only against two persons, who are involved in purchase of the property and forced her son to transfer the Electricity connection in their name.

4. The learned Government Advocate appearing for the respondents police would submit that pursuant to the complaint given by the petitioner, investigation has been conducted and found that it was a case of suicide. Pursuant to the notice received in the present writ petition, the petitioner was summoned and he has given a statement under Section 161(3) Cr.P.C., that the present writ petition has not filed on her behalf, but at the instance of her relative namely Kathamuthu, who obtained her signature in the blank papers. The police has recorded the statement of 7 other witnesses and found that it was a suicide and therefore, closed the petition as action dropped and that was also informed to the petitioner herein.

5. The learned counsel for the petitioner submitted that till date the petitioner has not received any action drop report. If it is so, the second respondent is directed to serve the copy of the action drop report to the petitioner herein and if she is aggrieved, she can pursue the private complaint.

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6. With the above observation, the present writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

2.The Inspector General of Police, Trichy District, Trichy.

3.The Deputy Inspector General of Police, Thanjavur District, Thanjavur.

4.The Superintendent of Police, Thanjavur District, Thanjavur.

5.The Deputy Superintendent of Police, Pattukkottai.

10.01.2022 NSN(CO) TR(02.02.2022) 3P 6C 3/3