Madras High CourtCRL OP(MD)/20991/2018disposed of

Sudha v. The Superintendent Of Police

2021-11-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.20991 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20991 of 2018 Sudha .. Petitioner Vs.

1.The Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Rajakamangalam Police Station, Kanniyakumari District.

Crime No.207 of 2012.

.. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent police to reopen the case and conduct the further investigation on the basis the discrepancies in F.I.R. and A.I.R and other connected documents to neckout the mystery behind the death of Murugan S/o.Periyanadar in Crime no.207/2012 on the file of the 2nd respondent and thus render justice.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking direction to the 2nd respondent police to reopen the case and conduct the further investigation on the basis the discrepancies in F.I.R. and A.I.R and other connected documents.

2.The case of the petitioner is that on 07.04.2012 at about 09.30 p.m. one Shanthi came to the house of the petitioner and informed that her husband was admitted in Government College Hospital, Asaripallam and she went to the hospital. She was told that it was self accident and due to which her husband sustained injury. He was taken to private hospital on the earlier occasion and later to the Government Hospital. But he died in the hospital within an hour. On going through the final report, this petitioner came to be noticed that several discrepancies occurred between the averments that has been made in the FIR and as well as the Accident Information Report and other connected medical documents. On that ground this petition has been filed.

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Crl.O.P.(MD)No.20991 of 2018 3.Since the closure report has been filed before the concerned Court, the petitioner has to workout his remedy through appropriate proceedings. Directing the further investigation by this Court in such matter may not be proper by exercising its jurisdiction. Liberty is granted to the petitioner to workout her remedy through appropriate proceedings before the concerned Court. 4.With the above liberty this criminal original petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Rajakamangalam Police Station, Kanniyakumari District.

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

+1 CC to M/s.K.P. NARAYANAKUMAR, Advocate ( SR-34984[F] dated 18/11/2021 ) Crl.O.P.(MD)No.20991 of 2018 16.11.2021 MGJ(30.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2