Crl.R.C.(MD).No.93 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

Crl.R.C.(MD).No.93 of 2023

V.A.S. Mohammad Ali

... Petitioner/Petitioner/ Defacto

Complainant

Vs.

The State, represented by

The Inspector of Police,

The Railway Police Station,

Madurai.

(Crime No.62 of 2021)

... Respondent/ Respondent/Complainant

PRAYER: This Criminal Revision Case is filed under Sections 397 r/w

401 of the Criminal Procedure Code, to call for the records relating to the

order dated 08.12.2022 made in Cr.M.P. No.2268 of 2022 on the file of the

Judicial Magistrate Court-VI, Madurai, dismissing the petition under

Section 173(8) of Cr.P.C.

For Petitioner

: Mr. Ajmalkhan, Senior Counsel

for M/s.Ajmal Associates

For Respondent

: Mr. Sakthi Kumar.M

Government Advocate (Crl. Side)

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Crl.R.C.(MD).No.93 of 2023

ORDER

This Criminal Revision Case has been filed to call for the records

relating to the order dated 08.12.2022 made in Cr.M.P. no.2268 of 2022 on

the file of the Judicial Magistrate Court-VI, Madurai, dismissing the petition

under Section 173(8) of Cr.P.C.

2. Facts in brief:

One Sikkandar Arafath who is the son of the petitioner was travelling

from Bangalore to Madurai on 06.08.2021 through train along with his three

friend. The petitioner received information that the above said person fell

down and died, he immediately went to the place, where, his dead body was

lying. Suspecting the involvement of his three friends, he lodged a

complaint on 08.08.2021 at about 2.00 p.m., that was also registered in

Crime No.62 of 2021 under Setion 174 of Cr.P.C. Investigation was

undertaken and during the course of investigation, it was found that either it

was self made accident or suicide. The Final Report was filed droping

further proceedings.

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Crl.R.C.(MD).No.93 of 2023

3. Now seeking reinvestigation, this petitioner has been filed Cr.M.P.

No.2268 of 2022 under Section 173(8) of Cr.P.C. stating that he suspecting

the nature of death of his son. It was contended before the trial Court that

right from the beginning, investigation was undertaken in a prejudiced

manner to make it appear it is a self accident or suicide.

4. At the conclusion of the enquiry, the trial Court found that the

deceased was involved in illegal activities, since he was in financial

problem. So, on the basis of the evidence collected during the course of

investigation and on perusal of the records, the trial Court found that there

is no suspicion in the death and no further investigation is required.

5. When the matter is taken up for hearing, the learned senior counsel

appearing for the petitioner stressed only one point to the effect that even

though the case was registered under Section 174(3) of Cr.P.C. as suspicious

death, but immediate action that not have been taken by the respondent is

the subject matter to enquired by Executive Magistrate under Section 174 of

Cr.P.C. He would straight away rely upon the judgment of this Court in

Manohari Vs. The District Superintendent of Police, Sivagangai District,

Sivagangai and others 2018-2-L.W. (Crl.) 522 wherein the elaborate

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Crl.R.C.(MD).No.93 of 2023

procedure has been prescribed by this Court while dealing with the

suspicious death and the following guidelines have been issued.

24. In view of the above, this Court proceeds to answer

the issue that was raised in this case as follows:

a)The Police on receipt of an information about the

suspicious death shall registered an F.I.R under Section 174 of

Criminal Procedure Code and thereafter he can proceed to the

scene of occurrence and prepare an Inquest Report.

b)When a Police Officer receives an information to the

effect that the deceased is lying in a serious condit