Kodiyarasu v. The Superintendent of Police

ORDER This criminal original petition has been filed seeking to transfer the investigation in connection with Crime No.75 of 2026 from the file of the 2nd respondent to the 3rd respondent.

¶2A perusal of the First Information Report (FIR) dated 24.06.2026 reveals that following the death of the petitioner's daughter by hanging, the case was registered under Section 194(1) of BNSS.

¶3The learned counsel for the petitioner submitted that the petitioner's daughter married to one Pandidurai on 24.10.2019 and died unnaturally on

24.06.2026. Since the death occurred within 7 years of marriage, a mandatory inquiry by the Revenue Divisional Officer (RDO) ought to have been conducted, which was not done. He further submitted that external injuries were noticed on the body of the deceased and that the husband had physically assaulted her prior to her death. Despite specific allegations being levelled by the petitioner, no steps have been taken by the respondent police even to alter the sections in the FIR. Hence, the present petition has been filed. Page3 of 6

¶4The learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents/police submitted that upon retrieving the body of the deceased, an inquest was duly conducted. He further submitted that since the exact date of marriage was not specified at the time of death, the RDO inquiry could not be initiated during the inquest, though it is now noted that the death occurred after 6 years and 8 months of marriage. He further submitted that the post-mortem report has been received, but the final medical opinion is awaited pending the viscera report. He assured that upon receipt of all forensic and medical reports, the allegations made by the petitioner will be considered and appropriate action will be taken in accordance with law.

¶5A perusal of the FIR indicates that at the time of the victim's death, the husband was residing with the petitioner (the deceased's parent), and the exact date of marriage was not explicitly mentioned therein.

¶6Considering that the marriage took place in the year 2019 and the date was omitted in the FIR, this Court notes that there has been a lapse on Page4 of 6 the part of both the complainant and the police authorities. It is expected of the investigating authorities to ascertain the date of marriage from the complainant at the earliest instance so that a mandatory RDO inquiry can be ordered if the death falls within seven years of marriage.

¶7In view of the extraordinary circumstances of the case, the following directions are issued: a) The second respondent is directed to refer the matter to the concerned Revenue Divisional Officer (RDO) forthwith. b) The Revenue Divisional Officer shall conduct a thorough inquiry and submit a report within a reasonable period. c) In the meantime, the respondent police shall secure the final medical opinion and the viscera report, evaluate the specific allegations made by the petitioner, and take appropriate action to alter the registration of the case, if warranted, in the manner known to law. d) The entire investigation shall be closely supervised by the jurisdictional Deputy Superintendent of Police. Page5 of 6

¶8With the above directions, this criminal original petition stands disposed of. 13-07-2026 Sni To

1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Sub-Inspector of Police, Avinangudi Police Station, Cuddalore District.

3.The Inspector of Police, CBCID, Cuddalore District, Cuddalore.

4.The Public Prosecutor, High Court of Madras. Page6 of 6

D.BHARATHA CHAKRAVARTHY, J. Sni 13-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kodiyarasu ..Petitioner(s) Vs. 1. The Superintendent of Police, Cuddalore District, Cuddalore. 2. The Sub-Inspector of Police, Avinangudi Police Station, Cuddalore District. Crime No.75/2026 3. The Inspector of Police, CBCID, Cuddalore District, Cuddalore. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, praying to direct the 2nd respondent to transfer the investigation in connection with Crime No.75/2026, to 3rd respondent CBCID. For Petitioner(s): Mr.M.Velmurugan For Respondent(s): Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Crl.Side) Page2 of 6