Criminal Original Petition under Section 482 Cr.P.C. filed seeking direction for further investigation. Court found investigation under Section 304 IPC initiated based on status report, disposing of the petition.
No further direction is required to the respondent police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.11184 of 2015
A.Moideen .. Petitioner
Vs 1.State rep. By The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram District.
2.The Assistant Commissioner of Police, Madipakkam Range, Madipakkam.
3.The Inspector of Police, S-10, Pallikaranai Police Station, Chennai. .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction to further investigation in Crime No.70 of 2014 on the file of the third respondent police.
For Petitioner :Mr.M.K.Bhoopathy Rajan
For Respondents :Mr.C.Emalias, Additional Public Prosecutor
ORDER
Seeking a direction to the third respondent to further investigate the case in Crime No.70 of 2014, the petitioner is before this Court with this petition.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.Today, Mr.R.Lekshminarayanan, Assistant Commissioner of Police, Madipakkam Range, Greater Chennai Police, Chennai City, filed a status report wherein, in paragraph Nos.9 & 10, it is stated as follows:-
“9.I submit that the consultant Psychiatrist Dr.Karthick and consultant https://hcservices.ecourts.gov.in/hcservices/ Psychologist Dr.Devaraj of Ever Green Care
Centre were not summoned to give treatment nor counselling to Mohammed Rahim by the care centre authorities. Hence, it is abundantly clear that the negligence and carelessness on the part of the accused 1) Alexander, A/27, S/o Periyanayagaswamy, 2) Arivndaraj, A/32, S/o Ramapackiyam. 3) Simon Prabhu,, A/34 S/p Eramaiah, 4) Komagan Kumar, A/41 S/o Sukumaran (All trustees of M/s Ever Green De-Addiction and Rehabilitation, Sithalapakkam) was the reason for the death of Mohammed Rahim. Since timely medical treatment could have saved Mohammed Rahim. Hence, the section of the case from 174 Cr.P.C., to 304 I.P.C., and necessary report has also been sent to the Hon'ble Judicial Magistrate, Alandur Court.
10.I submit that on the transfer of Tr.N.Kumar, then Asst. Commissioner of Police, Madipakkam Range, to Pattabiram Range. I have taken up the investigation and necessary steps to charge the case under section 304 I.P.C., before the trial Court of Hon'ble Judicial Magistrate, Alandur, Chennai – 16.”
4.In view of the above, no further direction is required to be given to the respondent police. Hence, the Criminal Original Petition is closed.
Sd/Assistant Registrar True Copy Sub Assistant Registrar jbm To 1.The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram District. 2.The Assistant Commissioner of Police, Madipakkam Range, Madipakkam. 3.The Inspector of Police, S-10, Pallikaranai Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
1 cc to Mr.M.K.Boopathy Rajan , Advocate Sr.No.30604
Crl.OP No.11184 of 2015
bur(co) pmk.2.7.2015
1 issue framed by the court
Whether further direction is required for the police to continue the investigation in Crime No. 70 of 2014.
1 provisions across 1 enactments
A. Moideen
State rep. By The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram District.
The Assistant Commissioner of Police, Madipakkam Range, Madipakkam.
The Inspector of Police, S-10, Pallikaranai Police Station, Chennai.
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
