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Madras High Court

Hentri vs State Represented By on 17 February, 2022

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 17.02.2022

                                                      CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                              Crl.O.P.No.3427 of 2022

              Hentri,
              S/o.Antony Dass                                            ... Petitioner

                                                       Vs.

              State Represented by

              1.The Commissioner of Police,
                Commissioner Office,
                Vepary, Chennai – 600 007.

              2.The Deputy Commissioner of Police,
                Madhavaram Range,
                Madhavaram Police Station,
                Chennai – 600 051.

              3.The Inspector of Police,
                M-5, Ennore Police Station,
                Ennore, Chennai-600 057.
                Crime No.972 of 2021                                     ... Respondents

              PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
              direct the respondent police to conduct further investigation and include all the
              offence committed by the accused stated in the complaint dated 28.11.2021 by
              considering petitioner representation dated 11.12.2021 in Crime No.972 of 2021
              and investigation pending on the file of the respondent police.

                                      For Petitioner  : Mr.D.Sugumar
                                      For Respondents : Mr.A.Gokulakrishnan
https://www.mhc.tn.gov.in/judis
                                                        Additional Public Prosecutor

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                                                       ORDER

                        This Criminal Original Petition has been filed seeking for a direction to the

              respondent police to conduct further investigation and include all the offence

              committed by the accused stated in the complaint dated 28.11.2021 by

              considering petitioner representation dated 11.12.2021 in Crime No.972 of 2021

              and investigation pending on file of the respondent police.



                        2. The case of the petitioner is that he is a coolie and he has two children

              viz., Glory and Arunkumar @ Appu. On 03.11.2014, the said Arunkumar got

              married with one Radhika. At that time, the petitioner's son was working as a

              DTP operator.         There were frequent quarrels between the petitioner's son

              Arunkumar and his wife Radhika on 20.10.2021, thereafter a complaint was

              preferred before the All Women Police Station and mediation was done in the

              same Police Station. While so, on 27.11.2021 at 10.00 pm, there was a fight

              between the petitioner's son and his wife, pursuant which, the petitioner's son has

              committed suicide by hanging.



                        3. The petitioner has given a complaint to the M-5 Police Station, Ennore,

              on 28.11.2021. Based on the complaint, a case in Crime No.972 of 2021 was

              registered under Section 174 of Cr.P.C. Two days after the death of his son,

              while searching of his house, the petitioner had found a suicide note which was
https://www.mhc.tn.gov.in/judis
              left by his son, in which he has implicated his wife, mother-in-law, brother-in-law

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              and one Karthikeyan, who is a police constable in the third respondent police

              station. In the suicide note, the petitioner's son had specifically stated that the

              said Karthikeyan had harassed him and assaulted him.



                        4. The petitioner had handed over the suicide note to the third respondent.

              However, there is no progress in the investigation and the case has not been

              altered as required under law and thereby, the present petition has been filed

              seeking to transfer the investigation pending on the file of the third respondent to

              some other investigating agency.



                        5. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the

              respondents would submit that based on the complaint given by the petitioner, a

              case in Crime No.972 of 2021 was registered under Section 174 of Cr.P.C. After

              3 days of the occurrence, the petitioner had handed over a suicide note alleged to

              have been left by his son deceased Arunkumar.             The third respondent had

              conducted investigation in a proper manner with regard to the same.              The

              respondent police in order to find out the veracity and genuineness of the suicide

              note, had sent it to forensic (handwriting) experts. He would further submit that

              the investigation is being done in a proper manner and in the event, the suicide

              note is found to be genuine, proper action will be taken by the third respondent.



https://www.mhc.tn.gov.in/judis




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                        6. This Court is of the opinion that the investigation is being done in a

              proper manner. Taking into consideration the facts, this Court is of the opinion

              that the Assistant Commissioner of Police, Ennore may be directed to monitor the

              investigation in Crime No.972 of 2021.


                        7. In view of the above, this Court directs the Assistant Commissioner of

              Police, Ennore, to monitor the investigation and the third respondent shall file the

              final report in Crime No.972 of 2021, as expeditiously as possible, preferably,

              within a period of six months from the date of receipt of a copy of this order.



                        8. With the above direction and observation, this Criminal Original Petition

              is disposed of.



                                                                                17.02.2022

              Index :Yes/No
              Internet : Yes/No
              Speaking order/non-speaking order
              arb/shk




https://www.mhc.tn.gov.in/judis




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              To

              1.The Commissioner of Police,
                Commissioner Office,
                Vepary, Chennai – 600 007.

              2.The Deputy Commissioner of Police,
                Madhavaram Range,
                Madhavaram Police Station,
                Chennai – 600 051.

              3.The Inspector of Police,
                M-5, Ennore Police Station,
                Ennore, Chennai-600 057.

              4.The Assistant Commissioner of Police,
                Ennore.

              5.The Public Prosecutor,
                High Court of Madras.




https://www.mhc.tn.gov.in/judis
                                                        A.D.JAGADISH CHANDIRA,J.
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arb/shk Crl.O.P.No.3427 of 2022 17.02.2022 https://www.mhc.tn.gov.in/judis 6/6