Madras High Court
R.Aruljothi vs The Superintendent Of Police on 12 April, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.OP.No.8294 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8294 of 2022
R.Aruljothi ... Petitioner
Vs.
1.The Superintendent of Police,
Cuddalore District, Cuddalore.
2.State rep. by
Inspector of Police,
Panrutti Police Station,
Panrutti, Cuddalore District. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the respondents to conduct further investigation in the above Crime No.175
of 2022 on the file of the second respondent police on the basis of the petitioner's
representation dated 10.03.2022.
For Petitioner : Mr.R.Dhanasekar
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
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Crl.OP.No.8294 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondents to conduct further investigation in the Crime No.175 of 2022 on the file of the second respondent police on the basis of the petitioner's representation dated 10.03.2022.
2. The case of the petitioner is that her husband is a retired driver of TNSTC. The petitioner had two sons viz., Kaviyarasan, aged about 22 years and Tamilarasan, aged about 20 years. The petitioner's elder son Kaviyarasan was preparing for UPSC Exams through a Coaching Academy in Chennai and he had also developed love with one Subashree. Thereafter, due to breakup with the said Subashree, the petitioner's son had committed suicide. In respect of the suicide of her son, the petitioner's husband had given a complaint to the second respondent on 08.02.2022 and the second respondent had registered a case in Crime No.175 of 2022 under Section 174 of Cr.P.C. Only after the death of her son, the petitioner came to know that the said Subashree's father had given a complaint against the petitioner's son, in respect of which an enquiry has been conducted in CSR No.130 of 2022 and during the enquiry, the petitioner's son had been 2/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.8294 of 2022 harassed and humiliated by one Sub-Inspector Selva Ganapathy and the family members of the said Subashree, due to which, her son had committed suicide. Coming to know the reason for the death of her son, she had sent a representation to the first respondent to alter the case for the offence under Section 306 of IPC whereas, the respondent had not altered the case. They have not even sent the report for enquiry to be conducted by the RDO and thereby, the present petition has been filed seeking to conduct further investigation in Crime No.175 of 2022.
3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner's husband, a case in Crime No.175 of 2022 was registered under Section 174 of Cr.P.C. He would submit that in the complaint, the petitioner's husband had only stated that due to breakup in love, his son had committed suicide, other than that nothing had been stated in the complaint. However, based on the registration of the FIR, the respondent has now forwarded the FIR for enquiry to the RDO, Cuddalore. He would submit that necessary enquiry would be conducted and the representation of the petitioner given to the first respondent will also be taken into consideration. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.8294 of 2022 A.D.JAGADISH CHANDIRA.,J shk He would submit that subject to the outcome of the result of RDO enquiry and the materials which erupt during enquiry, the case will be suitably altered if necessary.
4. Recording the same, this Criminal Original petition stands disposed of.
12.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk/sai To
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Inspector of Police, Panrutti Police Station, Panrutti, Cuddalore District.
3.The Public Prosecutor, Madras High Court.
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