K.K.S.S. RAMACHANDRAN Vs. STATE

JUDGEMENT

(1.) A trite question which has already been settled by the Hon'ble Apex Court in various decisions, raised in the following Reference. The factual situation of the present proceeding is that one Mohana Das, Village Administrative Officer, N. Mettupatti Village, Additional in-charge of Pappakudi, as a complainant has given a complaint to the Sub Inspector of Police, Irukkankudi police station, wherein it is stated that a dead body is found in the place of occurrence. The complaint given by him has been registered in Crime No. 188 of 2007 as suspicious death. On 31.01.2010, the Inspector of Police, Irukkankudi Police Station has filed a final report on the file of the Judicial Magistrate Court, No. II, Sattur, wherein it is stated that the crime mentioned in the complaint has not been detected. On the basis of the final report submitted by the Inspector of Police, Irukkankudi police station, the Judicial Magistrate Court, No. II, Sattur has recorded the same as 'undetected'. The Inspector of Police, Irukkankudi police station has submitted a requisition on 30.03.2012 to the Judicial Magistrate Court, No. II, Sattur, wherein it is prayed to permit him to conduct reinvestigation and the Judicial Magistrate No. II, Sattur has given permission accordingly. On the basis of permission granted by the Judicial Magistrate No. II, Sattur, investigation has been done and subsequently filed a final report under Sections 120(b), 176, 201, 217, 218, 302 and 302 r/w 34 of the Indian Penal code and the same has been taken on file in PRC No. 26 of 2013. In order to quash PRC No. 26 of 2013, Crl O.P(MD) No. 18476 of 2013 has been filed on the file of this Court.

(2.) The learned Single Judge of this Court has referred the matter before a Larger Bench by way of raising the following question:

(3.) The then Hon'ble Administrative Judge has directed the Registry to place the matter before the Criminal Division Bench at Madurai. Under the said circumstances, Reference has been placed before this Bench.