LAWS(MAD)-2019-4-16

GIRIJA, W/O MANAVALAN Vs. STATE

Decided On April 08, 2019
Girija, W/O Manavalan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This revision petition is filed against the order passed by the 14th Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.1138 of 2012.

(2.) The Background of the said revision petition is that one Tamilarasan, Marine Engineer got married to Bharakath Nachiyar, in the year 2009. Being a Marine Engineer, he was frequently away to work offshore. On 26.01.2011, he purchased a house at Maduravoyal and shifted the family along with the parents to that house and left to work offshore. On 26.11.2011, he reached the shore and joined the family. On 01.12.2011, he and Bharakath Nachiyar left the house at Maduravoyal and settled at Chetpet. On 17.12.2011, Tamilarasan died by hanging. His wife Bharakath Nachiyar was with him. She gave a complaint to G-7 Chetpet Police Station about the unnatural death of Tamilarasan.

(3.) The respondent police registered the case under crime No.1094 of 2011 under Section 174 of Cr.P.C. After investigation and obtaining the report from the police sergeant filed final report, action was dropped on 10.02.2012. The revision petitioner herein is the mother of Tamilarasan. She gave a complaint on 02.02.2012 alleging foul play in the death on her son and suspicion upon her daughter-in -law Bharakath Nachiyar and her relatives. Since, no action was taken by the police on her complaint, she approached this Hon'ble High Court. The Transfer of investigation from local police to CB-CID, Chennai. In the said petition filed under Section 482 of Cr.P.C in Crime No. 9279 of 2012 dated 17.04.2012, the respondent police submitted to the Court that on completion of investigation, already action was dropped, no offence made out and therefore transfer of investigation does not arise. Recording the same, this Court dismissed the petition with liberty to the petitioner (Girija) to workout the remedy in the manner known to law. In the said circumstances, the petitioner (Girija) has preferred a Miscellaneous Petition in Crl.M.P.No.1138 of 2012 before the 14th Metropolitan Magistrate, Egmore, Chennai, narrating the circumstances under which her son Tamilarasan married Bharakath Nachiyar, purchase of house at Maduravoyal by him, setting up of nucleus family at Chetpet on 01.12.2011 suspicious death of her son on 17.12.2011 and the reason for her suspicion.