Mariappan v. Police Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21837 of 2022 Mariappan ... Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

3.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.250/2022).

4.The Deputy Superintendent of Police, CBCID, Thajavur District.

... Respondents 1/6

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent herein to withdraw the case in Crime No.250 of 2022 on the file of the 3rd respondent and entrust the investigation to the 4th respondent / the Deputy Superintendent of Police, CBCID, Thanjavur District herein for further investigation within the time stipulated by this Court. For Petitioner : Mr.Sathya Chidambaram.S For R1 to R4 : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the 1st respondent herein to withdraw the case in Crime No.250 of 2022 on the file of the 3rd respondent and entrust the investigation to the 4th respondent / the Deputy Superintendent of Police, CBCID, Thanjavur District herein for further investigation within the time stipulated by this Court.

2. The learned counsel for the petitioner would submit that on 29.04.2022, the brother's wife of the petitioner was admitted in a hospital 2/6

due to delivery pain, thereafter, there was wordy quarrel between the hospital staffs and the petitioner's brother. In such circumstances, on 05.05.2022 at about 7.00 a.m., the body of the petitioner's brother was found with bleed injuries all over the body inside the hospital campus. Thereby, the petitioner made a complaint before the third respondent Police and the same was registered in Crime No.250 of 2022 as suspicious death, but thereafter, no action was taken by the third respondent Police, hence, the present petition has been filed to transfer the investigation to the file of the fourth respondent from the third respondent.

3. The learned counsel appearing for the petitioner would submit that during pendency of the Writ Petition, the petitioner is passed away. However, the father of the petitioner is alive, hence, this Court may grant liberty to the father of the petitioner to workout his remedy in the manner known to law.

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4. The learned Additional Public Prosecutor appearing for the respondents would submit that during pendency of the Writ Petition, investigation was conducted in Crime No.250 of 2022 on the file of the third respondent and the same was closed as further action was dropped.

5. Recording the submissions made by the learned counsel appearing for the petitioner that the petitioner is passed away, this Writ Petition is dismissed as abated. Since the investigation was closed as further action was dropped as per the submission made by the learned Additional Public Prosecutor, no further order is required to be passed in this petition.

6. Accordingly, this Writ Petition is dismissed as abated. However, liberty is granted to the legal heirs of the petitioner to workout their remedy in the manner known to law. No costs.

13.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 4/6

To:

1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

3.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.250/2022).

4.The Deputy Superintendent of Police, CBCID, Thajavur District.

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

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M.DHANDAPANI,J.

Indu W.P.(MD) No.21837 of 2022 13.02.2024 6/6