Sudalaimani v. The State Of Tamilnadu, Rep. By Its, The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WP.MP.Crl.(MD)Nos.113 & 114 of 2025 Sudalaimani ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Thoothukudi District, Thoothukudi.

3.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Deputy Superintendent of Police, Srivaikundam Range, Thoothukudi District.

5.The Inspector of Police, Eral Police Station, Thoothukudi District.

(FIR in Crime No.199/2024) 6.Selva Marimuthu @ Raja 1/7

7.Selva Subha 8.Balammal 9.Shanmuga Vel @ Dhanam ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to change of investigation in FIR in Crime No.199 of 2024 dated 13.10.2024, by appointing a new investigation officer, like third respondent or any other officer not below the rank of DSP and further direct him to conduct fair enquiry and file final report before the Judicial Magistrate Court No.II, Srivaikundam, on the basis of the petitioner's representation dated 08.05.2025 within a time stipulated by this Court.

For Petitioner : Mr.P.M.Vishnu Varthanan For R3 to R5 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R1 & R2 : Mr.F.Deepak, Special Government Pleader.

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ORDER

The petitioner is the father of the victim in Cr.No.199 of 2024. The petitioner's daughter, who was working as Lecturer in a private college, was found dead in a motor pump room, in a suspicious circumstances. A case was registered by the respondent Police in Cr.No.199 of 2024 under Section 194(3) BNSS. The petitioner has approached this Court that the respondent Police has not conducted the investigation properly, since the accused are closely related to a former MLA and therefore, he filed this petition seeking transfer of investigation.

2.The learned Additional Public Prosecutor appearing for the respondents 3 to 5 submits that the petitioner's daughter has committed suicide by hanging in a motor pump room. Initially case was registered under Section 194(3) BNSS and thereafter, it was altered into Section 108 BNS. He further submits that the investigation in Cr.No.199 of 2024 has already been completed and final report was 3/7

also filed before the learned Judicial Magistrate, Srivaikundam through E.Filing, on 25.04.2025.

3.This Court has considered the submissions made on either side. 4.The grievance of the petitioner is that his daughter was found dead in a suspicious circumstances and the respondent Police has not conducted the investigation in a proper manner, since the accused are closely related to former MLA. The respondent Police claims that they have conducted the investigation properly and filed the final report before the concerned Magistrate Court. However, the same is yet to be taken on file. Mere filing of final report is not sufficient. It is the duty of the respondent Police to file the final report in order and shall ensure it is taken on file within a reasonable time. 5.Since the petitioner has lost his daughter, this Court directs the respondent Police to furnish copies of the final report, postmortem 4/7

report and viscera report to the petitioner. In the event, if the petitioner is having further grievance that the investigation has not been conducted in a proper manner, then it is open to the petitioner to workout his remedy in the manner known to law. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

07.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gns 5/7

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Thoothukudi District, Thoothukudi.

3.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Deputy Superintendent of Police, Srivaikundam Range, Thoothukudi District.

5.The Inspector of Police, Eral Police Station, Thoothukudi District.

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

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B.PUGALENDHI, J.

gns 07.07.2025 7/7