Disposed

Gomathi v. the District Collector

Madras HC8 Jan 2021HCP/2931/2018

Case brief

AI extract

What is this about?

This court disposed of a habeas corpus petition seeking direction for an independent observer during an autopsy. Concurrently, it directed the transfer of the investigation into the petitioner's husband's death in judicial custody to the Deputy Superintendent of Police, Cuddalore Subdivision. The court held that the Deputy Superintendent would inquire the petitioner and that aggrieved parties coul

What did the court decide?

The habeas corpus petition was closed. The investigation into the death was directed to be transferred to the Deputy Superintendent of Police, Cuddalore Subdivision, for conduct of inquiry.

Gomathi Vs the District Collector — Civil Procedure and Limitation | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 08.01.2021

¶3

CORAM

¶4

THE HON'BLE MR. JUSTICE P.N.PRAKASH
AND
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
H.C.P.No.2931 of 2018
and Crl.M.P.No.17491 of 2018
and Crl.M.P.No.601 of 2019
Gomathi .. Petitioner
Vs.
1.The District Collector,
Cuddalore District,
Cuddalore.
2.The Superintendent of Police,
Villupuram District,
Villupuram.
3.The Inspector of Police,
Arovil Police Station,
Villupuram District.
4.Jayaprakash,
Sub-Inspector of Police,
Special Team,
Villupuram,
Villupuram District.
5.The Superintendent of Police,
Central Prison,
Cuddalore, Cuddalore District.
6.Parasuraman,
Sub-Inspector of Police,
Arovil Police Station.
7.Elilarasi,
Inspector of Police – Incharge,
Arovil Police Station.

¶5

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

¶6

8.Aruldoss, Special Sub-Inspector of Police, Arovil Police Station, Villupuram District. .. Respondents

¶7

Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the first respondent to permit the petitioner to have an independent qualified medical representative of the petitioner's choice during autopsy (postmortem) of the petitioner's husband Michel @ Elumalai, S/o.Amirthalingam, aged 36 years.

¶8

This habeas corpus petition has been filed seeking to direct the first respondent to permit the petitioner to have an independent qualified medical representative of the petitioner's choice during autopsy (postmortem) of the petitioner's husband Michel @ Elumalai, S/o.Amirthalingam, aged 36 years.

¶9

One Michel @ Elumalai was arrested in Arovil Police Station Crime No.731 of 2018 for the offences under Sections 294-B, 341, 392, 397, 332 and 307 IPC r/w Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and was remanded in judicial custody at Central Prison, Cuddalore, where, he died on 17.12.2018.

¶10

Suspecting foul play in the death of Michel @ Elumalai, his wife has filed Crl.M.P.No.601 of 2019 in H.C.P.No.2931 of 2018 seeking transfer of the investigation to CB-CID, Cuddalore.

¶11

In connection with the death of Michel @ Elumalai in the Central Prison, Coimbatore, a regular case in Cuddalore Old Town Police Station Crime No.737 of 2018 under Section 176 Cr.P.C. was registered. Since the death was in judicial custody, the inquest has been conducted by the Judicial Magistrate No.III, Cuddalore and the inquest report has been sent to this Court in a sealed cover.

¶12

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

¶13

This Court perused the inquest report and is of the opinion that the investigation should proceed further.

¶14

In such view of the matter, this Court directs the transfer of the investigation in Cuddalore Old Town Police Station Crime No.737 of 2018 to the Deputy Superintendent of Police, Cuddalore Subdivision, who shall conduct the investigation in this case in accordance with law. The Deputy Superintendent of Police, Cuddalore Subdivision, shall come in person and collect the inquest report from the Assistant Registrar (Crl.Section) of this Court, under proper identification and proceed further with the investigation. However, if the petitioner is thereafter aggrieved with the progress in the investigation, it is always open for her to approach this Court under Section 482 Cr.P.C. for appropriate directions. It is needless to state that the Deputy Superintendent of Police, will no doubt enquire the petitioner in the course of the investigation.

¶15

In the result, this habeas corpus petition is closed. Connected Crl.M.Ps. are closed. Sd/Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsd To 1.The District Collector, Cuddalore District, Cuddalore. 2.The Superintendent of Police, Villupuram District, Villupuram. 3.The Inspector of Police, Aravil Police Station, Villupuram District. 5.The Deputy Superintendent of Police, Cuddalore Subdivision.

¶16

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

¶17

6.The Assistant Registrar (Crl.Section) Madras High Court, Chennai – 600 104.

¶18

7.The Public Prosecutor, High Court, Madras.

¶19

H.C.P.No.2931 of 2018

¶20

MGR(CO) NRA(22/02/2021)

¶21

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

Gomathi v. the District Collector

Case brief

What is this about?

What did the court decide?

Gomathi v. the District Collector

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

Velu Vs State Represented by

R.Haridass Vs State by

Ananth Vs the Additional District Superintendent of Police

Y. Mariyam Chithika Vs the Deputy Commissioner of Police

M.Thenmozhi Vs the Director General of Police

G.Kubendiren Vs the Superintendent of Police