Research › Browse › Judgment

Madras High Court · body

1991 DIGILAW 414 (MAD)

V. PADMA BAI v. INSPECTOR OF POLICE

1991-06-18

PRATAP SINGH

body1991
Judgment : PRATAP SINGH, J. ( 1 ) ONE V. Padma Bai has filed this petition under section 482, Criminal Procedure Code praying for a direction to the respondent to register a case based on the letter left by her son and the statement given by the petitioner on 20-11-1990 and investigate the same. ( 2 ) THE petitioner has filed an affidavit in support of the application. The allegations in it are briefly as follows: Her only son Jagadeeswara Rao married Subashini on 8-3-1987 at Madras. The Marital life was happy only for a short time. Subashini often went to her mothers house. Her son told her that Subashini was not interested in leading a family life with him and that she was having illicit intimacy with one Gajendran. Subashini went to her parents house in July 1989 for delivery. She gave birth to a female child on 13-11-1989. Subsequently, she did not turn up. When her son went to his mother-in-laws house he was advised by her that he should live with them as T1veetu Mappillait1. Her son declined. He was ill-treated and they refused to send their daughter with him. One day when her son went to see his wife at Ambattur, his Subashini and Gajendran were found in a compromising position. Despite that, her son wanted to live with his wife and so he filed Habeas Corpus Petition in W. P. No. 4958/90. It was dismissed since she appeared before the court and said that she would not live with her husband. ( 3 ) SUBASHINI preferred a complaint to Anti Dowry Cell alleging that her mother-in-law and her son tortured her for dowry. She also alleged that her son attempted to take blue film of her. Dowry Cell investigated the case and filed a case only under section 495a-I. P. C. On 20-11-1990 her son saw an Article named "neela Kanavugal" in the Tamil Weekly magazine Thai, dated 25-11-1990. In that Article, her daughter-in-law has falsely narrated that her son asked her to act in blue films. Her son was shocked after reading the said Article and he was gloomy throughout the day. On the same day, her son. In that Article, her daughter-in-law has falsely narrated that her son asked her to act in blue films. Her son was shocked after reading the said Article and he was gloomy throughout the day. On the same day, her son. committed suicide leaving a letter addressed to the first respondent and other authorities in which he has stated that he has committed suicide only because of the derogatory remarks published in that magazine and had requested action. The Sub-Inspector of Police, Mylapore came on the same day and took the letter. He also enquired her and recorded her statement. Because of the Article published in the said magazine, her son had committed suicide. Therefore she preferred a complaint to the Sub Inspector of Police, Mylapore but he refused to take it. Hence the petition. ( 4 ) IN the typed set, the copy of the suicide note said to have been left by deceased Jagadeeswararao is filed. It is dated 20-11-1990. That statement in it is briefly as follows: He is the only son of his parents. He married Subashini on 8-3-1987. They lived happily. But Subashini had loved Gajendran and had no interest in marital life with him. His mother-in-hw asked him to arrange for conveyance of the properties standing in the name of his mother to Subashirri, and further asked him to remain as Vettu Mappillait1. He did not agree for that proposal. While so, an Article was published in the Thai magazine, dated 25-11-1990 containing defamatory statements, only they are responsible for his death. ( 5 ) THE learned Government Advocate stated that a case was registered under section 174, Criminal Procedure Code regarding the death of Jagadeeswara Rao and later it was found out that he had committed suicide and hence the case was closed. ( 6 ) MR. ( 5 ) THE learned Government Advocate stated that a case was registered under section 174, Criminal Procedure Code regarding the death of Jagadeeswara Rao and later it was found out that he had committed suicide and hence the case was closed. ( 6 ) MR. A. Natarajan, the learned counsel appearing for the petitioner would contend that prima facie, the suicide note left by Jagadeeswara Rao indicate an offence punishable under section 306, I. P. C. and when that be so, under section 154, Criminal Procedure Code the case should be registered and investigation should commence and in this case despite this suicide note left by the deceased and the statement given by the petitioner to the police, the case was not registered and investigated and hence a direction may be issued to the respondent to register the case and investigate the same. I find force in this argument if the suicide note left by the deceased prima facie indicates the commission of a cognizable offence, it is the duty of the respondent to register a case and investigate the same. I would like to make it Clear that it is the duty of the Investigating officer to investigate the case thoroughly and completely and file a final report positive or negative, as the case may be, depending upon the materials collected during the course of investigation. In view of the above, the respondent is directed to register a case on the foot of the suicide note left by the deceased on 20-11-1990 and investigate the same. The petition is ordered accordingly. Petition ordered accordingly.