A criminal original petition filed under Section 482 CrPC seeking reinvestigation into a daughter's suspicious death and action against the police for lodging a possibly false FIR was dismissed by the court due to abatement.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.26259 of 2013 and Crl.M.P.No.1 of 2013
S.Elizabeth ... Petitioner
Versus
1.The Revenue Divisional Officer,
Ambattur Division,
Ambattur.
2.The Commissioner of Police,
Greater Chennai,
Egmore, Chennai.
3.The Inspector,
T9-Pattabiram Police Station,
Chennai.
(Crime No.108 of 2013) ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to reinvestigate into the death of the petitioner's daughter namely Y.S.Subashini on 10.02.2013, due to suspicious fire accident occurred on 09.02.2013 at the maternal home of the petitioner's daughter by appointing an appropriate Investigation Officer and further direct the 2nd respondent to take necessary action against the reckless action of the Inspector, T9Pattabiram Police Station, Chennai, the 3rd respondent herein, for lodging a false First Information Report on 09.02.2013 in Crime No.108 of 2013, pending on the file of the 3rd respondent.
For Petitioner : No Appearance For Respondents : M/s.V.Saratha Devi Government Advocate [Crl. Side]
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent to reinvestigate into the death of the daughter of the petitioner namely Y.S.Subashini on 10.02.2013, due to suspicious fire accident occurred on 09.02.2013 at the maternal home, by appointing an appropriate Investigation Officer and further direct the 2nd respondent to take necessary action against the reckless action of the 3rd respondent for lodging a false First Information Report on 09.02.2013 in Crime No.108 of 2013.
2.The learned Government Advocate [Crl. Side] appearing for the respondents would submit that the petitioner had died and hence the case has become abated.
3.In view of the above submission, this Criminal Original
Petition is dismissed as abated. Consequently, the connected
miscellaneous petition is closed.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
To
1.The Revenue Divisional Officer,
Ambattur Division,
Ambattur.
2.The Commissioner of Police,
Greater Chennai,
Egmore, Chennai.
3.The Inspector,
T9-Pattabiram Police Station,
Chennai.
4.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.26259 of 2013
srg 07/02/2020
2 issues framed by the court
Whether the criminal original petition survives abandonment of the petitioner since her death caused abatement.
Whether the complaint regarding suspicious death and false FIR warrants reinvestigation or disciplinary action.
S. Elizabeth
The Revenue Divisional Officer, Ambattur Division
The Commissioner of Police, Greater Chennai
The Inspector, T9-Pattabiram Police Station, Chennai
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
