Petitioner sought constitution of SIT regarding son's death at college hostel. Court noted investigation was preliminary and noted shadow war involving private media allegations. Consent with Supreme Court principles on omnibus investigation orders. Petition dismissed.
The impugned petition is dismissed as it is devoid of merits.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 18.06.2015 DELIVERED ON : 24.07.2015 CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.No.13987 of 2015
S.Kannnan ...Petitioner
Vs
1.State of Tamil Nadu
Thro' its Chief Secretary
Fort St.George
Chennai 9.
2.Union of India
Thro' its Cabinet Secretary
New Delhi.
3.Union of India
Thro' its Secretary to Government
I & B Ministry, New Delhi.
4.Union of India
Thro' its Secretary to Government
HRD Ministry, New Delhi.
5.Union of India
Thro' its Director
CBI, Lodi Road
New Delhi.
6.Amirta Hotel Management Institute
Thro' its M.D.Mr.Boominathan
14/36, Sarojini Street
T.Nagar, Chennai 17. ...Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to:
(a) constitute an SIT [Special Investigating Team] to inter alia probe the role of the police, doctors and the 6th respondent in covering-up Karthick's murder, besides investigating the financial brains behind the 6th respondent-cartel & prosecute the film-stars & their pay-masters for cheating gullible parents & children using the State Emblem of Tamilnadu & its Universities,
(b) direct the STATE & UNION to shield the illiterate Indian masses from telecast/publication of rampant FALSE advertisements, be enforcing/enacting appropriate laws against greedy media houses responsible for recurrent exploitation of generations of people, resulting in their entrapment, indetedness, and even displacement.
(c) causing a probe into the truth or falsity of the 50 lakh extortion demand, and fix responsibility for the extortionthreat.
It is the case of the petitioner that his son joined the sixth respondent College and was a hostelite. On 07.02.2015, information was received by the petitioner’s family about the death of the petitioner’s son Karthick, on hearing which the family members went to the hostel, where they saw the dead body of their son. A complaint was lodged with the respondent police and after inquest and post-mortem, the body was returned to the petitioner and was cremated.
“2. I submit that the brief facts of the prosecution case is that
(i) On 07.02.2015, an intimation received from A.R.R. Hostel warden Tr.Kumar, that one student namely Karthik Prabhu was hanging in his room.
(ii) Immediately our team went to the occurrence place and saw that Tr.Kumar and others had already broke open the room windows and doors where the deceased was hanging.
(iii) Our team informed to Tr.Muthuraj/defacto complainant about the occurrence that happened in the Hostel room. Immediately he preferred a complaint before the J-9 Thoraipakkam Police Station, wherein he stated that his brother namely Karthik Prabhu studied in Amrita Hotel Management Institute, Chennai, in 2 years Diploma Course in Catering Department and he stayed in A.R.R.Hostel located in Perungudi that he was informed that his brother committed suicide and that they suspect the hostel regarding the same. Hence he requested to investigate the case and to take necessary action.
note other than the deceased's father.
(i) Tr.Muthuraj - deceased brother (ii) Tr.Kannan - deceased father (iii) Tr.Selvakumar - A.R.R.Hostel warden (iv) Tr.Lokesh (v) Tr.Suresh babu (vi) Tr.Dhanasekar (vii) Tr.Sathyanrayanan (viii) Tr.Vignesh (ix) Tr.Kumar [deceased college mates and Hostel mates]
(x) Tr.Abdul Hameed - A.R.R. Hostel Manager (xi) Tr.Balaji - Chief Administrative Officer, Amirtha Hotel Management Institute (xii) Tr.Nageshwaran - Employee, Amirtha Hotel Management Institute
All the witnesses statements were recorded.
(i) Deceased's father stated that he given advise to his son to concentrate in his studies, as he found to be dull in his studies;
(ii) Deceased's brother corroborates the same version of the deceased's father.
(iii) Tr.Lokesh & Tr.Suresh babu who are the classmates of the deceased corroborate that on the date of occurrence date the deceased was on leave, due to his illness and he stayed at his Hostel room. Both of them came to their Hostel room and the same was locked as such they broke the door & windows open in the presence of the Manager and Warden and saw that the deceased was hanging.
(iv) Tr.Selvakumar, warden of the A.R.R. Hostel, on 06.02.2014 night has warned the deceased that he has received a complaint from witnesses (iv) to (ix) & others who are the college mates and hostel mates, that their memory card, money are missing, that they have a doubt on the deceased and that in future if he received a complaint with regard to the same, he will inform to the deceased's parents about the complaint made against the deceased.
(v) The Investigation Officer found a paper in sincked manner in dust bin, wherein written in "Anitha I love you with heart symbol: K.Karthik Prabhu which was lying in the Hostel room and in order to send the same for comparison, he has given a request letter to the deceased's college, asking them to give the deceased's book and notes.
a legal notice dated 11.05.2015 demanding damages of Rs.50/- lakhs for defamation. Apparently, this petition is only a sequel to the shadow war that is going on between the petitioner and the College management, and in the death of Karthick is being used as a weapon. The prayer (c) in the petition will surely vindicate this inference.
"(c) causing a probe into the truth or falsity of the 50 lakh extortion demand, and fix responsibility for the extortion-threat."
This Court does not want to go into the merits of the investigation since it is only at an infancy stage and a free hand should be given to the police to proceed with the investigation.
Sd/Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gms To 1.The Chief Secretary, State of Tamil Nadu Fort St.George Chennai 9. 2.The Cabinet Secretary Union of India New Delhi.
3.The Secretary to Government Union of India I & B Ministry, New Delhi.
4.The Secretary to Government Union of India HRD Ministry, New Delhi.
5.The Director Union of India CBI, Lodi Road New Delhi.
6.The Public Prosecutor High Court, Madras.
1 CC to Mr.R.Nalliyappan, Advocate SR.No. 25687
Crl.O.P.No.13987 of 2015 SV (CO) PSI (14.08.2015)
2 issues framed by the court
Whether to grant relief under Section 482 Cr.P.C. for constituting a Special Investigating Team to probe the death of the petitioner's son.
Whether the petition is maintainable given the involvement of private television channels and allegations of extortion.
Colour shows how this judgement treated each authority
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1 provisions across 1 enactments
S.Kannnan
State of Tamil Nadu
Union of India
Amirta Hotel Management Institute
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
