IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.09.2021 CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16091 of 2021 A.Sampath ... Petitioner Versus

1.The Director of General Police, Tamil Nadu Police, Mylapore, Chennai-600 004.

2.The Inspector General of Police, Coimbatore Region, Coimbatore – 641 018.

3.The Commissioner of Police, Salem City, Salem – 636 006.

4.The Deputy Commissioner of Police, Salem City, Salem – 636 006.

5.The Inspector of Police, Ammapet Police Station, Salem – 636 003.

(Crime No.1364/2020) ... Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to set aside the final report dated

24.04.2021, which was filed by the 5^th respondent in Crime No.1364 of 2020 and consequently, order the re-investigation in Crime No.1364 of 2020 on the file of the 5^th respondent by appointing CBCID police or by any other competent police officials for fair and proper investigation as this Hon'ble Court deem fit in the proper in the circumstances of the case.

For Petitioner : Mr.V.Paarthiban for Mr.A.Ilayaperumal For Respondents : Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to set aside the final report dated 24.04.2021, which was filed by the 5^th respondent in Crime No.1364 of 2020 and consequently, order the re-investigation in Crime No.1364 of 2020 on the file of the 5^th respondent by appointing CBCID police or by any other competent police officials for fair and proper investigation.

2. The petitioner is the unfortunate father of the deceased S.Sugumaran and the said Sugumaran had love affair with one Bhuvaneswari. Initially, there was some opposition for intercaste marriage. Thereafter, the marriage was held with the concurrence of both the families on 29.01.2017. After the marriage, the petitioner’s son and his daughter-in-law were living with him as joint family. His daughter- in-law’s mother viz., Chitra Geetha was running a beauty parlour in Thirupur in the name and style of “Geetha Beauty Clinic and Institute and she was in debts, she used to force the petitioner’s son to pay her debts. With great difficulty, most of the debts were cleared by the petitioner’s son. Not satisfied with the same, the said Chitra Geetha wanted her daughter and the petitioner’s son to part ways from joint family and to start a nucleus family and also forcibly obtained the family properties by settlement, which was registered by the petitioner and his family members. Not stopping with that during pregnancy, the said Bhuvaneswari had gone to her parents house. After delivery, she did not return to the matrimonial home. The petitioner’s son had gone to visit the baby few days prior to the occurrence and there, he was abused and he was pushed away, not permitting him to see his baby and on the condition that only after he gets family partition property, he would be allowed to live with his wife and baby. Further, the petitioner’s son was threatened to be foisted with a dowry harassment case, which ultimately led to suicide of the petitioner's son. The petitioner’s daughter-in-law and her parents are the reason for the petitioner’s son committing suicide. The petitioner sent a detailed representation dated 09.01.2021 to the third respondent Commissioner of police, who under Section 158 Cr.P.C., is empowered to conduct further investigation, however, he had failed to do so.

3. On the other hand, when the petitioner filed a direction petition seeking further investigation in Crl.O.P.No.8200/2021, the respondent police submitted that on 24.04.2021 investigation completed, further action dropped and further referred charge sheet also served to the petitioner. When the same was refuted, this Court by order dated

10.06.2021 directed the respondent to serve the copy of the referred charged sheet and on receipt of the same, within two weeks, the petitioner to file a protest petition. Thereafter, on 26.06.2021, the petitioner filed a co