IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
Uma & Another –Appellant
Versus
The Superintendent of Police, CBCID, Chennai & Others – Respondent
Crl.O.P. Nos. 17958 & 18113 of 2021 & W.P. No. 20976 of 2021
Decided On : 23-12-2021
Code of Criminal Procedure, 1973 - Section 482 and 174 - Constitution of India, 1950 - Article 226 – Indian Penal Code, 1860 - Section 302 - Provide Police protection - Committed suicide – Seeks directing first respondent herein to withdraw investigation in Crime on file of fourth respondent and transfer same to file of second respondent herein and conduct investigate in accordance with law - A case was registered in Crime under Section 174 of Cr.P.C., on complaint of defacto complainant, who is residing at Coimbatore for past 25 years and doing money lending business - Defacto complainant’s sister Umadevi, who is petitioner herein was married and residing in native - Defacto complainant’s mother was residing alone at Ayegoundanpalayam and her father passed away five years before - Defacto complainant’s mother was not well and she was taken to NG Hosptial Coimbatore for treatment - Held, It is seen that investigation in this case is proceeding in the right direction. Already 55 witnesses examined, forensic report received, opinion of the post mortem Doctor obtained CDR details collected and verified - Further one more forensic report from the Regional Forensic Laboratory, Chennai to be obtained. It is submitted that entire records would be scrutinised and second opinion will be obtained - Court is not inclined to entertain the above petitions - Complaint of the petitioner that she and her daughters were threatened by someone is only an allegation without materials - Petitioner has not mentioned any named person and provided any particulars - It is also seen that no tangible reason is given for doubting forensic report - Mere apprehension without materials cannot be entertained - Further, premier agency of State, viz., CBCID is conducting investigation which is proceeding in right direction - Crl.O.P. and W.P. are dismissed. Paras 21 to 23
JUDGMENT
(Prayer in Crl.O.P.No.17958/2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Regional Forensic Laboratory, Coimbatore to preserve the Viscera sample of the deceased Nachathal sent in connection with Crime No.64 of 2021 on the file of the third respondent herein transferred and renumbered as Crime No.1 of 2021 on the file of the second respondent herein till such time as prescribed by this Court.
Crl.O.P.No.18113/2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to provide necessary Police protection to the petitioner and her family members pursuant to the representation dated 23.06.2021 given to the first respondent.
W.P.No.20976/2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to withdraw the investigation in Crime No.1 of 2021 on the file of the fourth respondent and transfer the same to the file of the second respondent herein and conduct the investigate in accordance with law.)
1. Since the issue arises out of Crime No.1 of 2021, this Court decides to dispose all the petitioners by way of common order.
2. W.P.No.20976 of 2021 has been filed to direct the first respondent herein to withdraw the investigation in Crime No.1 of 2021 on the file of the fourth respondent and transfer the same to the file of the second respondent herein and conduct the investigation in accordance with law.
3. Crl.O.P.No.17958 of 2021 has been filed to direct the Regional Forensic Laboratory, Coimbatore to preserve the Viscera sample of the deceased Nachathal sent in connection with Crime No.64 of 2021 on the file of the third respondent herein transferred and renumbered as Crime No.1 of 2021 on the file of the second respondent herein till such time as prescribed by this Court.
4. Crl.O.P.No.18113 of 2021 has been filed to direct the second respondent herein to provide necessary Police protection to the petitioner and her family members pursuant to the representation dated 23.06.2021 given to the first respondent.
5. The gist of the case is that on 17.02.2021, a case was registered in Crime No.64 of 2021 under Section 174 of Cr.P.C., on the complaint of one Chellamuthu/defacto complainant, who is residing at Coimbatore for the past 25 years and doing money lending business. The defacto complainant’s sister Umadevi, who is the petitioner herein was married and residing in the native. The defacto complainant’s mother Nachathal was residing alone at Ayegoundanpalayam and her father passed away five years before. On 12.02.2021 defacto complainant’s mother was not well and she was taken to NG Hosptial Coimbatore for treatment. Thereafter, she was discharged and sent home. Again she developed health complication and she was admitted at Prakash Hospital, Chinna Dharapuram. After treatment, she was discharged on 17.02.2021 and returned back home. On the same day, at around 5 p.m., the defacto complainant received a phone call from the Villagers who informed smoke emanating from his mother’s house. Immediately the defacto complainant informed his relative one Eswari @ Rajeswari to check and inform to him what was happening there. The said Eswari visited the Nachathal’s house and found met the defacto complainant’s mother committed suicide by self immolation. Immediately, he left Coimbatore, reached his mother’s house. Subsequently, took Nachathal to Dharapuram Government Hospital, where the Doctors confirmed her death and kept the body in the mortuary. He informed his relatives and the Police regarding the death of his mother and lodged a complaint. According to the defacto complainant, due to old age and health related problems, his mother self immolated using kerosene. Hence, a case came to be registered.
6. The petitioner herein, who is the daughter of the deceased, raised a doubt about the death of her mother and gav
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