O R D E R

This Criminal Original Petition has been filed, seeking to call for the records pertaining to Crime No.64 of 2019 pending on the file of the 1st respondent Police and quash the same as illegal.

2.Heard the learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the 1st respondent. 3. On the complaint given by the wife of the 2nd respondent in connection with the death of her husband, a case has been registered under Section 174 of Cr.P.C in Crime No.64 of 2019 of Banavaram Police Station; in the said complaint, it is alleged that the husband of the 2nd respondent Jayapal was working as a Panchayat Secretary of Pazhaiyapalayam Village for about 15 years; during that time, the said Jayapal had obtained Rs.23,50,000/- from various people and gave it to the petitioner for securing job; the petitioner refused to return the money, when the deceased demanded to return the same; the petitioner abused the deceased and because of that, the deceased was deeply disturbed; on 24.02.2019, the deceased shared his grief with the 2nd respondent and lamented; on

25.02.2019, the deceased was found hanging himself in a tree; though the case has been registered under Section 174 of Cr.P.C, subsequently, an alteration report was filed under which, the case was altered to Section 302 IPC and the accused was roped in this case.

4. The learned counsel for the petitioner submitted that the petitioner is working as Zonal Deputy Block Development Officer in Kaveripakkam Block Development Office, Ranipet District; the deceased who worked under him, had misused the signature of the petitioner and BDO and swindled the amount payable by the panchayat to the electricity department and that was questioned by the petitioner; the audio recording of conversation between the deceased and the petitioner is also available under which the deceased admitted that he had misappropriated the amount; the petitioner never abetted the deceased to commit suicide and no case is made out against the petitioner; the deceased unable to face the consequences of his action, has taken an untoward decision; despite the FIR has been registered in the year 2019, neither the respondent police collected any material against the petitioner nor the FIR is closed.

5. The deceased is said to have worked under the petitioner. It is alleged by the petitioner that the deceased had involved in misappropriation of the alleged sum of several lakhs. The conversation between the petitioner and the deceased made in this regard has been produced to show that the deceased himself has admitted his liability. However, the authenticity of the said audio recording can be confirmed only during the investigation.

6. Admittedly, the petitioner was not present at the place where Jayapal had committed suicide. There is no averments also to show that the petitioner had abetted the deceased by expressing any words or render any assistance for the deceased to commit suicide. Since the audio recording that can be produced by the petitioner to the police is an important piece of evidence, the 1st respondent police is obliged to scrutinize the same and file a final report. Since the Court cannot investigate the authenticity of the audio recording which is the job of the Investigating Agency, I feel it is appropriate to dispose this petition with a direction.

7. In view of the above stated reasons, this Criminal Original Petition is disposed of and the 1st respondent is directed to scrutinize the audio recording which is in possession of the petitioner and investigate all other facts relating to the same and file a final report within a period of two months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.

23.09.2022 Index : Yes/No Speaking Order : Yes / No uma To

1. The Inspector of Police, Banavaram Police Station Banavaram, Vellore District.

2. The Public Prosecutor High Court of Madras.

R.N.MANJULA, J., um