B.Muthumari v. The Inspector General Of Police(South Zone)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR B.Muthumari ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police (CBCID), Office of the Deputy Superintendent of Police (CBCID), Virudhunagar District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivakasi Sub-Division, Virudhunagar District.

4.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to further investigation in Crime No.1100 of 2017 dated 15.11.2017 on the file of 1/6

the fourth respondent police to some other impartial further investigating.

For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent to conduct further investigation in Crime No.1100 of 2017 dated 15.11.2017 on the file of the fourth respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that after completing the investigation, the fourth respondent has already filed a final report dated 30.11.2017 before the jurisdictional Court recording 'further action dropped'. 2/6

4. Admittedly, the petitioner claiming to be daughter of the deceased has come forward with the above application, after five years.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that though the final report came to be filed in the year 2017, the defaco complainant, who is the brother of the petitioner, has not taken any steps and now through the petitioner present petition came to be filed.

6. Considering the above, I find no merits in the petition and the same is liable to be dismissed. Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to file a private complaint, if so advised.

20.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/6

To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police (CBCID), Office of the Deputy Superintendent of Police (CBCID), Virudhunagar District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivakasi Sub-Division, Virudhunagar District.

4.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 20.12.2022 6/6