J RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for issue a Writ of Mandamus directing the respondents 1 to 5 to entrust the case of suicide death of Tmt.Idhaya caused by the persons accused by the petitioner in his complaint dated 30.01.2011 registered as FIR 79/2011 on the file of the 5th respondent to the Crime Branch CID for further investigation in accordance with law.) The petitioner was working as Headmaster of the Government Higher Secondary School, Thirumakottai. In May 2009, his daughter by name Idhaya got married to Thiru.T.Premkumar, son of Tamilselvan of Kallaperandur, Thanjavur District. The petitioner had borne the entire marriage expenses and also gave jewels and cash. The matrimonial life of his daughter was not happy and she was harassed by her husband. According to the petitioner, to get money frequently from him, the petitioner's daughter was sent to the parental home. On 26.01.2011, T.Premkumar (son in law of the petitioner) came to the house of the petitioner and took his daughter and the child with him to Thanjavur on 27.01.2011 to attend a betrothal function on 28.01.2011. On 29.01.2011 at about 8.30 p.m., the petitioner's daughter Idhaya phoned up her mother and told her that she was dragged to bed room by her husband T.Premkumar by pulling her hair, demanding transfer of the house site property in his name, while he took her to Thanjavur and stayed with her. On 30.01.2011 at about 9.30 a.m., the son in law phoned up the nephew of the petitioner Thiru.Ilavarasan and told him that he was bringing his wife (daughter of the petitioner) and the child and he should come to the bus stand and take them home. Accordingly, the petitioner's nephew Ilavarasan went to the bus stand and brought them home on his bike. On the way, she told him that till the previous night, she was harassed by her husband T.Premkumar about the transfer of the house site in his name. While so, she committed suicide due to the assault, harassment and humiliation by his son in law and his aunts and his sister. That incident took place on 30.01.2011. The complaint was lodged before the 5th respondent-Police, complaining that his son-in-law and his family members were responsible for the suicide committed by his daughter. The First Information Report was registered in Crime No.79/2011 on the file of the Mannargudi Police Station under Section 174 Cr.P.C. While so, the petitioner has filed the present Writ Petition seeking direction to the respondents 1 to 5 to entrust the investigation of the Criminal Case in Crime no.79/2011 on the file of the 5th respondent to the Crime Branch CID.

(2.) ON 19.07.2011, this Court directed the 3rd respondent to file a status report with respect to the investigation of the case in Crime No.79/2011 on the file of Mannargudi Police Station.