Elambarithi v. The Commissioner of Police

O R D E R This criminal original petition has been filed seeking to set aside the action dropped report in Crime No.174 of 2022 and direct the 2nd respondent to open and further investigate the FIR in Crime No.174 of 2022 on the basis of the petitioner's representation, dated 15/11/2022, in accordance with law.

2.The facts in brief:- The de-facto complainant is the father of the deceased. He lodged a complaint stating that the deceased after completing B.E Graduation was helping in his profession. He was arranged marriage with one Manju Bashini, D/o.Azhaguraja. The marriage was performed on 09/06/2022. On 25/05/2022 at about 09.30 am along with his friends, he went to Madurai and other areas for distributing invitation. At about 05.00 pm, he received an information that he was admitted in the Madurai Meenakshi Mission Hospital due to ailment. He went to the Madurai Meenakshi Mission Hospital, where he was informed that his son was taken to Madurai Rajaji Government Hospital. After examination, he was declared to be dead, in the midway. On enquiry with Manju Bashini, he came to know that she was taken by the deceased to Vishal De Mall in the noon. In the midway, he complained giddiness. So he was taken to the Madurai Meenakshi Mission Hospital. On the basis of the above said occurrence, a case in Crime No.174 of 2022 was registered under section 174 Cr.P.C

3.Investigation was undertaken and during the course of the investigation, it was found that even though, it is a natural death, absolutely, there is no suspicion. Because of the sudden cardiac only, the death occurred. So finding that it is a sudden cardiac attack, it was closed as 'Further Action Dropped'.

4.Challenging the above said closure report, this petition has been filed seeking further investigation.

5.Heard both sides.

6.Repeated request made by this petitioner before this court is that he wanted to know the cause of death of his son. So the matter was repeatedly adjourned seeking response from the Investigating Officer. A detailed counter affidavit is also filed by the 2nd respondent.

7.On going through the records also and on ascertaining facts in person with the Investigating Officer, this petitioner was of the opinion that absolutely there is no suspicion in the death. None was also doubted.

8.It is seen that the deceased was accompanied by his friends. He has also stated that because of sudden complaint of illness, the deceased was taken to the Madurai Meenakshi Mission Hospital. Except that, there was no other cause for the sudden collapse.

9.Reading of the postmortem report shows that there was no external injuries on the body, except the abrasion on the right side of forehead and abrasion on the right cheek. These are only superficial and simple injuries, which will not likely to cause death. The Biological report also stated that no definite opinion could be given for the cause of the death.

10.A detailed questionnaire were also given to the Medical Officer by the Investigating Officer. He has also given opinion that except these small abrasions, no other external injuries indicating the violence was noted.

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12.From the reading of the questions and answers indicates that it is only natural death and not suspicious. Viscera report also indicates that no ethyl alcohol and other poisonous substance in the internal organs.

13.So I find no reason to reopen the closure report and transfer to some other Agency for further investigation or reinvestigation as the case may be. Absolutely, no ground is made out to exercise the power under section 482 of Cr.P.C.

14.In the result, this criminal original petition stands disposed of. 09/11/2023 Index:Yes/No Internet:Yes/No er To,

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, K.Pudur Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J er Crl.OP(MD)No.23215 of 2022 09/11/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09/11/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.23215 of 2022 Elambarithi : Petitioner Vs. 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City. 2.The Inspector of Police, K.Pudur Police Station, Madurai City. : Respondents PRAYER:-Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to set aside the action dropped report in the Crime No.174 of 2022 and direct the 2nd respondent to open and further investigate the FIR in Crime No.174 of 2022 on the basis of the petitioner's representation, dated 15/11/2022 preferred by the petitioner in accordance with law and pass such further or other orders. For Petitioner : M/s.A.B.Jeeva For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)