Thavamalar v. Inspector of Police,J5, Sastri Nagar,Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.07.2009CORAM:THE HONOURABLE MR.JUSTICE C.S.KARNANCrl.O.P.No.18403 of 2003Thavamalar.. PetitionerVersusInspector of Police,J5, Sastri Nagar,Chennai... Respondent Petition filed under Section 482 Cr.P.C to direct therespondent to register a case under Section 302 IPC in Crime No.438of 2003 on the file of the respondent.For Petitioner : No appearance)For Respondent : Mr. R.Muniappa raj Government Advocate (Crl. Side)O R D E RThe above Criminal Original Petition has been filed by thepetitioner to direct the respondent police to register a case underSection 302 IPC in Crime No.438 of 2003 on the file of the Inspectorof Police, Shastri Nagar, Chennai.2.It is alleged that the petitioner had filed an affidavitstating that her cousin brother, Soori @ Sooriisekaran, son ofMayilvaganam, aged about 43 years, was illegally taken into thecustody by Directorate intelligence officer, N.C.B, Chennai on08.06.2003 at 5.30 a.m, where the petitioner's cousin brother wassystematically tortured. Due to unbearable torture, the detenuedied. The respondent police registered a case under Section 176Cr.P.C, as if there was a suicide in police lock up. As alleged bythe petitioner, the case is attracted only under Section 302 IPC ie.,murder. The respondent showing misplaced sympathy to the NCB,registered the case as suicide.3.The petitioner sent a telegram on 10.06.2003, to the higherofficials namely, the Honourable Chief Justice of High Court,Chairman of State Human Rights Commissions, Chennai, Commissioner ofPolice, Director of NCB, Adyar, Chennai and Inspector of Police /respondent herein, and requested them to conduct postmortem of the https://hcservices.ecourts.gov.in/hcservices/ dead body of the petitioner's cousin brother.4.Even after sending telegraphic complaint, no postmortem wasconducted and no further action has been taken by the respondentpolice. Hence, the petitioner has approached this Court fordirection to the respondent to register a case under Section 302 IPC.5.The petitioner cited the below mentioned citations insupport of her case.(1) AIR 1993, Supreme Court, 1960 (Smt. Nilabati Behera aliasLalita Behera ..vs.. State of Orissa and others)(2)AIR 1993, Supreme Court, 1974 (Ram Prakash Makkar ..vs..State of Haryana and others)(3) 1996 (4) Crimes 233 (SC), (D.K.Basu ..vs.. State of WestBengal)6.The respondent has filed counter stating that oneThiru.Karuppaiah working as Havildar in Narcotics Control Bureau,Besant Nagar, Chennai-90, preferred a complaint stating that on09.06.2003, at 2.00 hrs at the office of NCB, Besant Nagar, aSrilankan Tamil, Suresh @ Soori (41) S/o. Murugeshan Karthikeshan,who was in the custody in connection with a case of seizure of 4 kgof heroin, was found hanging at the door of the lock up room. Themedical officer who examined him at 3.15 hrs pronounced that Suresh @Soori was brought dead to the hospital. It is submitted that a casewas registered by Rajkumar, Inspector of Police, Law and Order,Adyar, who was incharge of J5, Shastri Nagar Police Station, as CrimeNo.438 of 2003, for the offence under Section 176 Cr.P.C. It isalleged that on 09.06.2003, after the said complaint given byKaruppaiah, the respondent had taken up investigation.7.The respondent had further submitted that during the courseof investigation, he examined the following witnesses and recordedtheir statements.1) Tr. Karuppaiah, Havildar in NCB, Chennai-90.2) G. Manikkam, Besant Nagar, Chennai-90.3) Shanthanakumar, Chennai-20.8.It is stated that the P.A. to Collector, Chennai -cum –Additional District Magistrate, has conducted preliminary enquiry andinquest at the Government Royapettah Hospital, Chennai and requestedthe medical officer to conduct postmortem to ascertain the cause ofdeath of deceased Suresh @ Soori. The postmortem was conducted andthe body was handed over to Mahalingam, a close relative of Suresh,for cremation. It was also videographed as per the direction of the https://hcservices.ecourts.gov.in/hcservices/ preliminary enquiry officer.9.It is submitted that the interim direction was given toconduct postmortem (vide Cr.M.P.Nos.5085 and 5088 of 2003 inCrl.O.P.No.18403 of 2003) was received by the Inspector of Police,J5, Shastri Nagar Police Station, on 12.06.2003 to conduct re-postmortem and re-postmortem was conducted at Government Hospital,Chennai. On 13.06.2003, as per orders of the Madras High Court, theInspector of Police, J5, Shastri Nagar Police Station, requested theSuperintendent, VHS Hospital, Taramani, Chennai and requested theDean, Government Hospital to conduct re-postmortem. On 13.06.2003, atwo member team of medical officers conducted re-postmortem at MMCHospital, Chennai and it was videographed as per norms laid down byNHRC, New Delhi. The body of the deceased, Suresh @ Soori was handedover to his relative, Thavamalar, the petitioner herein, W/o.Vijikaran, on 13.06.2006.10.It is submitted that the opinion of the first postmortemcertificate revealed that "Reserved, pending chemical analysisreport", while opinion on the re-postmortem certificate clearlyrevealed that Suresh @ Sri "died of hanging".11.It is submitted that Thiru.V.Kannusamy, I.A.S, DistrictJudge and District Collector, Chennai-600 001, after conductingenquiry over the death of Srilankan Tamil, Suresh @ Soori, sent adetailed letter to the Government Secretary, General (Law and Order),Chennai -600 009 on 05.12.2003, suggested for the departmental actionby recommending the Government to initiate action against thoseresponsible NCB Officials, viz., K. Sivakumar, intelligence officer,M.Karuppaiah, Havildar, attached to NCB, Rajaji Bhavan, Chennai, fortheir negligent duty and were alleged to be responsible for the deathof Suresh @ Soori.12.It is submitted that the findings report of the enquiryofficer had not reached the concerned NCB office to take appropriateaction against those two NCB officials for their negligence while onduty, which resulted in the death of Suresh @ Soori. However, thepostmortem and re-postmortem clearly revealed that the SrilankanTamil, Suresh @ Soori died of hanging.13.The respondent therefore prays that the findings report ofthe enquiry officer may please be forwarded to the concerned NCBofficials for further action at their end, since the copies of thefindings of the enquiry report is lying at the Collectorate, Chennai,and prays the Court to dismiss the petition filed by the petitioneras devoid of merits and thus render justice.14.Considering the facts and circumstances of the case, andthe petition and counter statement of the respondent, especiallyparagraph No.7 of the statement of the respondent, wherein it wassubmitted that, Thiru.V.Kannusamy, I.A.S, District Judge -cum- https://hcservices.ecourts.gov.in/hcservices/ District Collector, Chennai-1, had conducted enquiry over the deathof Suresh @ Soori, sent a detailed letter to the GovernmentSecretary, General (Law and Order), Chennai-600 009 on 05.12.2003,suggested for the departmental action by recommending the Governmentto initiate action against those responsible NCB officials, viz.,K.Sivakumar, Intelligence Officer, M.Karuppiah, Havildar attached tothe NCB, Rajaji Bhavan, Chennai, for their negligent duty and werealleged to be responsible for the death of Suresh @ Soori, this Courtdirects the Government Secretary, General (Law and Order), Chennai-600 009, to act, in accordance with law, on the letter sent byThiru.V.Kannusamy, I.A.S, District Judge -cum- District Collector,Chennai-1, on 05.12.2003 within a period of two months from the dateof receipt of a copy of this order.15.Accordingly, the above Criminal Original Petition isdisposed of. Sd/- Asst.Registrar/true copy/ Sub Asst.RegistrarmraTo1. The Secretary to Government, Home Department-General (Law & Order) Fort St.George, Chennai-9.2. The Executive District Judge Cum District Collector, Singaravelar Maligai, Rajaji Salai, Chennai-1.3.Inspector of Police,J5, Sastri Nagar, Chennai.4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.18403 of 2003DM {CO}TP/10.8.2009.