Madras High CourtCRL OP(MD)/4438/2016disposed of

Sundarampal v. The Secretary To Government

2020-01-20Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.4438 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.01.2020

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.4438 of 2016 Sundarampal .. Petitioner Vs.

1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George, Chennai.

2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

4.The Inspector of Police, Kantharvakottai Police Station, Pudukottai District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the 4th respondent to include the penal provisions under Sections 304(b), 498(A) of Indian Penal Code and Section 4 of Tamil Nadu Dowry Prohibition Act in Crime No.32 of 2016 on the file of the 4th respondent and consequently, to direct the respondents 1 & 2 to appoint Woman Deputy Superintendent of Police under Sections 154 & 161 of the Criminal Procedure Code to complete the investigation and to file charge sheet. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed by the petitioner to include the penal provisions under Sections 304(b) and 498(A) IPC and Section 4 of Tamil Nadu Dowry Prohibition Act in Crime No.32 of 2016, pending on the file of the 4th respondent Police.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the State submitted that the case in Crime No.32 of 2016 was enquired by the investigation agency and a final report was also filed as 'Action Dropped', as early as on 28.10.2016.

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Crl.O.P.(MD)No.4438 of 2016

3. Since a final report has already been filed by taking a decision to drop further action, this Court is of the view that nothing survives for further adjudication in this criminal original petition. However, this Court directs the 4th respondent Police to furnish a copy of the final report to the petitioner within a period of ten days from the date of receipt of a copy of this order. On receipt of the final report, the petitioner shall file a protest petition, if he so advised, within a period of ten days thereafter. If any such protest petition is filed, the learned Magistrate concerned shall decide the same, on its own merits and in accordance with law.

4. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) gk To 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George,Chennai.

2.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road,Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

4.The Inspector of Police, Kantharvakottai Police Station, Pudukottai District.

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

COPY TO.The Section Officer, Criminal Section,(2 COPIES) Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-2059[F] dated 20/01/2020 ) Crl.O.P.(MD)No.4438 of 2016 20.01.2020 SMA/03/02/2020/2P/9C https://hcservices.ecourts.gov.in/hcservices/ 2/2