Dismissed

Resilammal v. the Deputy Inspector General

Madras HC11 Jun 2018WP(MD)/13376/2013

Case brief

AI extract

What is this about?

In this writ petition for transfer of investigation regarding the death of the petitioner's son, the Madurai Bench of the Madras High Court, at the admission stage, found the death to be non-homicidal based on the postmortem report and dismissed the petition.

What did the court decide?

The writ petition is dismissed and the investigating officer is directed to file a final report within three weeks.

Resilammal Vs the Deputy Inspector General — Writ and Judicial Review | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018

¶3

CORAM :

¶4

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶5

W.P(MD)No.13376 of 2013

¶6

Resilammal ... Petitioner Vs.

¶7

1.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

¶8

2.The Superintendent of Police, Kanyakumari District, Kanyakumari. 3.The Inspector of Police, Marthandam Police Station, Kanyakumari District. 4.The Inspector of Police, CB CID, Nagercoil, Kanyakumari District. 5.The District Collector, Kanyakumari District, Kanyakumari. 6.The Revenue Divisional Officer, Padmanabhapuram, Thucklay, Kanyakumari District. 7.The Tahsildar, Vilvancode Taluk, Kuzhithurai, Kanyakumari District. ... Respondents

¶9

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to transfer investigation of Crime No.350 of 2013 on the file of the third respondent to the fourth respondent or any other independent agency within a time stipulated by this Court.

¶10

For Petitioner : Mr.R.Nandakumar For Respondents : Mr.Aayiram K.Selvakumar, Addl., Govt.Pleader

¶11

ORDER

¶12

Heard the learned counsel on either side. This writ petition is taken up for disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner's son Pramoth was employed as a Conductor in a private concern. He was found dead in the morning of 28.05.2013.

¶13

¶14

Suspecting some foul play, the petitioner lodged a complaint leading to registration of Crime No.350 of 2013 on the file of the third respondent herein under Section 174 of Cr.PC.

¶15

3.The third respondent had filed a status report. This Court

¶16

went through the same. It also perused the Postmortem Certificate and the Visera report. It is seen therefrom that no injury was found on the body of the deceased and that there was also no poisoning. There is nothing to suspect that the death was homicidal in nature. Hence, the petitioner has not made out a case for transfer of investigation. The third respondent is directed to file a final report before the Jurisdictional Magistrate within a period of three weeks from the date of receipt of a copy of this order.

¶17

4.Hence, this writ petition stands dismissed. No costs.

¶18

Sd/-

¶19

Assistant Registrar(P&A)

¶20

/True copy/

¶21

Sub Assistant Registrar

¶22

¶23

1.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

¶24

2.The Superintendent of Police, Kanyakumari District, Kanyakumari.

¶25

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

¶26

4.The Inspector of Police, CB CID, Nagercoil, Kanyakumari District.

¶27

5.The District Collector, Kanyakumari District, Kanyakumari.

¶28

6.The Revenue Divisional Officer, Padmanabhapuram,

¶29

Thucklay, Kanyakumari District.

¶30

7.The Tahsildar,

¶31

Vilvancode Taluk, Kuzhithurai, Kanyakumari District. +1cc to Special Government Pleader, SR.No.67900.

¶32

+1cc to Mr.R.Nandakumar, Advocate, SR.No.67795.

¶33

W.P(MD)No.13376 of 2013 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/ skm

¶34

https://hcservices.ecourts.gov.in/hcservices/ skm

¶35

RAM/SKN RSK/SAR 3/02.07.2018/2P/10C

Resilammal v. the Deputy Inspector General

Case brief

What is this about?

What did the court decide?

Resilammal v. the Deputy Inspector General

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jayamani Vs the Inspector of Police

A.C.Murugesan Vs the Inspector of Police

Malaiselvam @ Selvam Vs the Superintendent of Customs

M/S.Alfred Berfs @ Co. (I) Pvt. Vs the Drugs Inspector

Gopi Vs the Inspector of Police

R. Suriya Vs K. Kalaiarassan