Dismissed

V.Sivaprakasam v. the Superintendent of Police

Madras HC14 Jun 2022CRL OP/19147/2021

Case brief

AI extract

What is this about?

In a criminal original petition under Section 482 Cr.P.C., the petitioner sought to transfer an investigation into his son's suicide to a higher police authority and direct a fresh inquiry. The court held it could not force further investigation given the officer's findings of depression-induced suicide upheld the sufficiency of the charge sheet.

What did the court decide?

Petition to transfer investigation and direct fresh proper investigation is dismissed.

V.Sivaprakasam Vs the Superintendent of Police — Quashing and FIR | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.06.2022

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CORAM:

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THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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Crl.O.P.No.19147 of 2021

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V.Sivaprakasam ... Petitioner

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Versus

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The Superintendent of Police Coimbatore District Coimbatore.

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The Inspector of Police CBCID, Coimbatore District Coimbatore.

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The Inspector of Police Thondamuthur Police Station Coimbatore. ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation concerned in Crime No.718 of 2020 under Section 174 Cr.P.C., on the file of the third Respondent, the Inspector of Police, Thondamuthur Police Station, Coimbatore, to 2^nd Respondent, The Inspector of Police, CBCID, Coimbatore District, and consequently direct the second Respondent to conduct fresh proper investigation and to file a final report within the stipulated time.

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For Petitioner : Mr.V.Murali For Respondents : Mr.L.Baskaran

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Government Advocate (Crl.Side)

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ORDER

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This petition has been filed to transfer the investigation in Crime No.718 of 2020 on the file of the third Respondent/the Inspector of Police, Thondamuthur Police Station, Coimbatore, to the second Respondent/the Inspector of Police, CBCID, Coimbatore District, and consequently direct the second

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Respondent to conduct fresh proper investigation and file a final report within a stipulated time.

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This petition has been filed by the Petitioner/V.Sivaprakasam, seeking direction against the Respondent Police for transfer and effective investigation.

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It is the case of the Petitioner that his son Vasantha Kumar was studying PG Course in Defense & Strategic Studies at Madras University, Chennai. At that time, he developed love affair with one Sathya. Subsequent to Corona Lock down, he went to the house of Sathya to meet her. The parents and brother of the said Sathya scolded and attacked him. On return to his house, he committed suicide. The Petitioner suspects that the parents and brother of Sathya are the reason behind his son committing suicide. It is further contention of the Petitioner that the Police had not proceeded with the investigation effectively.

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The Learned Government Advocate (Crl.Side) vehemently objects to the line of arguments of the Learned Counsel for the Petitioner and stated that the Police had made proper investigation. From the witnesses and the materials collected, the Police found that the Petitioner's son having developed depression due to the fact that the said Sathya rejected his one side love. Therefore, he had committed suicide.

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The Learned Government Advocate (Crl.Side) also furnished the copies of the referred charge sheet before the Court of the Learned Judicial Magistrate concerned and also informed the same to the Petitioner.

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Since the Investigation Officer based on the evidence and statement of the witness found that the Petitioner's son had committed suicide due to the depression caused as his one side love was rejected by the said Sathya, this Court cannot force for further investigation. It is for the Petitioner to approach the Court of the Learned Judicial Magistrate to file a protest petition against the closure report, if so advised.

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Accordingly, this Petition is dismissed.

Sd/-

Deputy Registrar(CS)

//True Copy//

Sub Assistant Registrar

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dna

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The Superintendent of Police Coimbatore District Coimbatore.

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The Inspector of Police CBCID, Coimbatore District Coimbatore.

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The Inspector of Police Thondamuthur Police Station Coimbatore.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.V.Murali, Advocate, S.R.No.24836

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Crl.O.P.No.19147 of 2021

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(CO) UMA(11/07/2022)

V.Sivaprakasam v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

V.Sivaprakasam v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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