Madras High CourtCRL OP(MD)/19378/2021disposed of

Subramanian v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19378 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19378 of 2021 Subramanian ... Petitioner Vs.

The Inspector of Police, Manur Police Station, Tirunelveli District.

... Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order passed by the learned Judicial Magistrate No.V, Tirunelveli in Crl.M.P.No.3270 of 2020 vide order dated 07.05.2021 and further direct the respondent to conduct investigation and file final report as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

O R D E R

The petitioner's son had died due to electrocution. In that regard, Crime No.7 of 2020 was registered on the file of Manur Police Station. The respondent has prepared the final report for dropping further action in the matter. In the meanwhile, the petitioner filed a petition under Section 156(3) of CrPC and the same was dismissed by the learned Judicial Magistrate No.V, Tirunelveli on the ground that the petitioner's son died due to his own negligence. Questioning the said order dated 07.05.2021, this criminal original petition has been filed.

2.Without going into the merits of the matter, I direct the respondent to serve a copy of the final report on the petitioner and also file the same before the jurisdictional Court. The Court below will issue RCS notice to the petitioner and the petitioner has the right to file protest petition. The trial Magistrate will consider the petitioner's protest petition without being influenced by the order dated 07.05.2021 made in Cr.M.P.No.3270 of 2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19378 of 2021 3.With this clarification, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate No.V, Tirunelveli.

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

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.19378 of 2021 07.12.2021 MSK(CO) KB(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2