Madras High CourtCRL OP(MD)/17599/2015disposed of

Perumal v. The Superintendent Of Police

2019-12-04Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.17599 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.17599 of 2015 Perumal ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Radhapuam Police Station, Tirunelveli District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 1st respondent to appoint some other competent person other than the 2nd respondent to investigate the case in Crime No.121 of 2015, on the file of the 2nd respondent. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side)

O R D E R

The petitioner is the defacto complainant in Crime No.121 of 2015, registered on the file of Radhapuram Police Station. It was registered under Section 174 of Cr.P.C. The petitioner's son died in unnatural circumstance. According to the petitioner, it is a case of murder. But then, the investigating officer has filed the final report as "action dropped". It appears that it was not filed before the learned Judicial Magistrate. Therefore, the second respondent is directed to give notice to the petitioner along with the copy of the final report and also resubmit the final report before the learned Judicial Magistrate. The learned Judicial Magistrate will issue notice to the petitioner and afford him an opportunity of filing a protest petition. The entire proceedings should be concluded within a period of three months from the date of receipt of a copy of this order. 2.The criminal original petition is disposed of on these terms.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.17599 of 2015 ias To:

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Radhapuam Police Station, Tirunelveli District.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-103903[F] dated 06/12/2019 ) Crl.O.P.(MD)No.17599 of 2015 04.12.2019 KM/(21.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2