Crl.O.P.(MD)No.18901 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl.O.P.(MD)No.18901 of 2021

P.Sumathi

... Petitioners/Defacto Complainant

Vs.

1. The Superintendent of Police,

District Police Station,

TVS Tollgate,

Trichy-20,

Trichy District.

2. The Inspector of Police,

Vathalai Police Station,

Vathalai, Trichy,

Trichy District. ...Respondents

Prayer: Criminal Original Petition is filed under Section 482

Cr.P.C., to transfer the investigation in Crime No.304 of 2021 on

the file of the second respondent herein to any other investigating

agency for free and fair investigation in the light of her

representation dated 12.09.2021 within a stipulated period as may

fixed by this Court.

For Petitioner

: Mr.R.Sakthivel

For Respondents

: Mr.M.Veeranthiran

Government Advocate

ORDER

Heard the learned Counsel for the petitioner and the learned

Government Advocate for the respondents.

2.The petitioner is the defacto complainant in Crime No.304 of

2021 registered on the file of the second respondent under Section

174 Cr.P.C. The petitioner's daughter Gayathiri was given in a

marriage to one Mohanraj on 24.08.2020. The petitioner's daughter

committed sucide by hanging on 15.08.2021. According to the

petitioner, her daughter had complained to her that her husband as

well as her mother in law have been torturing her to bring dowry

amount of Rs.1,00,000/-. Since prima facie allegations are there,

the second respondent ought to have filed an alteration report and

included the offence under Section 304(B) of IPC. Since it has not

been done, the Criminal Original Petition have been filed for

transfer of investigation.

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Crl.O.P.(MD)No.18901 of 2021

3.When the matter was taken up for hearing, learned Government

Counsel submitted that the police are awaiting viscera report and

final opinion by the postmortem doctor. Since the cause of death is

quite obvious, the second respondent is directed to file an

alteration report to include the offence under Section 304(B) of

IPC. The investigation shall be monitored by the jurisdictional

Deputy Superindent of Police. The final repoert shall be filed

within a period of three months.

4.Accordingly, the Criminal Original Petition is disposed of.

Sd/-

Assistant Registrar (RECORDS)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

sn

Note: In view of the present lock down owing to COVID-19 pandemic,

a web copy of the order may be utilized for official purposes,

but, ensuring that the copy of the order that is presented is the

correct copy, shall be the responsibility of the advocate/litigant

concerned.

To

1. The Superintendent of Police,

District Police Station,

TVS Tollgate, Trichy-20,

Trichy District.

2. The Deputy Superintendent of Police,

Trichy.

3. The Inspector of Police,

Vathalai Police Station,

Vathalai, Trichy, Trichy District.

4. The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.18901 of 2021

17.12.2021

USK (06.01.2022) 2P 5C

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