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Madras High CourtCRL OP(MD)/12424/2019disposed of

K. Muthammal v. The Superintendent Of Police

2019-09-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Muthammal ... Petitioner Vs

1) The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2) The Deputy Superintendent of Police, Sivakasi Sub Division, Sivakasi, Virudhunagar District.

3) The Deputy Superintendent of Police, Sattur Sub Division, Sattur, Virudhunagar District.

4) The Inspector of Police, Alangulam Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. Directing the respondent no.1 to withdraw the case in Crime No.206 of 2018 and 207 of 2018 u/s 174 of Cr.P.C dated 01.11.2018 on the file of respondent no.4 and transfer and entrust the same to the respondent no.2 for the fair investigation under monitor by the respondent no.1 and file a report before the Jurisdiction Magistrate.

For Petitioner : Mr.S.Lawrance Vimal Raj For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side) ******

O R D E R

The learned counsel for the petitioner would submit that she had registered two complaints with regard to the suicide committed by the petitioner's son-in-law as well as her daughter. Both the complaints were registered in crime nos.206 & 207 of 2018 u/s 174 of Cr.P.C. Thereafter, the respondent police without even conducting any enquiry had simply closed the case as 'action dropped'. The petitioner had submitted a representation on 1/3

22.07.2019 before the second respondent and the same is also pending without even conducting any enquiry.

2. The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint lodged by the petitioner with regard to the committal of suicide, case has been registered in Crime nos. 206 of 2018 and 207 of 2018 u/s 174 of Cr.P.C. On enquiry, it was found that both have committed suicide. Therefore, both the complaints were closed as 'action dropped'. However, now, the petitioner has filed a separate representation dated 22.07.2019 and the same is pending on the file of the respondent police.

3. Considering the facts and circumstances of the case and without going into the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 22.07.2019 and conduct enquiry and pass orders on merits and in accordance with law within a period of four(04) weeks from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) sts To

1) The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2) The Deputy Superintendent of Police, Sivakasi Sub Division, Sivakasi, Virudhunagar District.

3) The Deputy Superintendent of Police, Sattur Sub Division, Sattur, Virudhunagar District.

4) The Inspector of Police, Alangulam Police Station, Virudhunagar District.

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5) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S. LWRANCE, Advocate ( SR-85441[F] dated 05/09/2019 ) Order made in Dated:

05.09.2019 KM/(09.10.2019) 3P 7C 3/3