Madras High Court
Lakshmi vs The Government Of Tamilnadu on 10 August, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.4419 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.4419 of 2021 and
WMP.Nos.5021 & 5024 of 2021
Lakshmi ... Petitioner
Vs.
1.The Government of Tamilnadu,
Represented by its Secretary,
Department of Home,
Fort St.George,
Chennai 600 009
2.The District Collector,
Cuddalore District,
Cuddalore
3.The Superintendent of Police,
Cuddalore District,
Cuddalore
4.Nandakumar
5.The Deputy Superintendent of Police,
CBCID,
Cuddalore, Cuddalore District ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying to issue a writ of mandamus directing the first and second respondents
to consider the representation of the petitioner dated 18.02.2021 by altering the
case in crime No.90 of 2021 on the file of Inspector of Police, Pudhupettai
Police Station, Panruti, Cuddalore District in the fake encounter of the
petitioner's son Krishnan, son of Murugan under murder and SC & ST
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W.P.No.4419 of 2021
(Prevention of Atrocities) Act case and further order directing the respondents
to re-postmortem into the body of the petitioner's son, Krishnan, son of
Murugan now confined in the Mortuary of Government Hospital,
Mundiampakkam, Villupuram District with the assistant of Doctor of the
petitioner's choice, further to pay Rs.1 crore as compensation to the petitioner
and further to provide suitable job to the wife of the deceased Gandhimathi.
For Petitioner : Mr.R.Sankarasubbu
For Respondents
For R1 to 3, 5 : Mr.A.Gopinath,
Government Advocate(crl.side)
For R4 : No appearance
ORDER
The writ petition has been filed for three prayers: 1) Grant of compensation pending disposal of the writ petition 2) Direction directing the first and second respondents to consider the representation of the petitioner dated 18.02.2021 by altering the case in crime No.90 of 2021 on the file of the Inspector of Police, Pudupettai Police Station, Panruti, Cuddalore under murder and SC/ST (Prevention of Atrocities) Act 3) Direction directing the respondents to conduct re-postmortem on the body of the deceased.
2. The learned Government Advocate (crl.side) submitted that as per the order passed by the District Collector already investigation has been https://www.mhc.tn.gov.in/judis Page 2 of 6 W.P.No.4419 of 2021 transferred to the file of the fifth respondent in crime No.90 of 2021 and the investigation is pending.
3. Insofar as re-postmortem, the learned counsel for the petitioner would submit that the petitioner is satisfied with the post-mortem report submitted by the authorities concerned. However, he submitted that it is a case of encounter and as such, the petitioner is entitled for atleast interim compensation. He also submitted that the deceased belonged to SC community and as such, the case should be registered under SC/ST (Prevention of Atrocities) Act. He further submitted that it is a case of murder. Even after transfer of investigation, no offence has been altered and it is still pending for investigation.
4. The learned Government Advocate(crl.side) submitted that initially the husband of the petitioner who is the deceased in the case on hand, had already involved in a case in crime No.84 of 2021 on the file of the Inspector of Police, Tirupapuliyur Police Station, Cuddalore District for the offence under Section 302 of IPC. Thereafter, he escaped from the scene of occurrence. In connection with the said crime, vehicle search was conducted. https://www.mhc.tn.gov.in/judis Page 3 of 6 W.P.No.4419 of 2021 When the police personnels were making arrest of him, he attacked the police personnels and as such case was registered against him in crime No.90 of 2021 on the file of the Inspector of Police, Pudhupettai Police Station, Panruti Taluk, Cuddalore District for the offence under Sections 347, 322 and 307 of IPC on the allegation that he attacked police personnels. Therefore, except no other way, the police personnels shot him dead. As such, he sustained grievous injuries and immediately he was taken to hospital. However, due to failure of the treatment, he died. Thereafter the said crime has been altered to Section 176(1)(a) of Cr.P.C. Now investigation is transferred to the file of the fifth respondent and it is pending.
5. However, the learned counsel for the petitioner would submit that the petitioner never attacked the police personnels and police personnels shot him dead. Therefore, it is a clear case of murder and also to be registered for the offence under SC/ST Act.
6. Heard, Mr.R.Sankarasubbu, the learned counsel for the petitioner and Mr.A.Gopinath, Government Advocate(crl.side) appearing for respondents 1 to 3 & 5.
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7. Now the investigation has been transferred to the file of the fifth respondent and the same is pending for investigation. While investigation, if any cognizable offence made out under Section 302 of IPC as against the police personnels and any other materials available to alter the offence under SC/ST Act, the fifth respondent is directed to accordingly alter the offence and complete the investigation and file final report within a period of twelve weeks from the date of receipt of copy of this order. In respect of compensation, the petitioner is entitled for compensation only after conclusion of trial since the petitioner failed to make out prima facie case for ordering interim compensation.
8. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
10.08.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.
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1.Secretary, The Government of Tamilnadu Department of Home, Fort St.George, Chennai 600 009
2.The District Collector, Cuddalore District, Cuddalore
3.The Superintendent of Police, Cuddalore District, Cuddalore
4.The Deputy Superintendent of Police, CBCID, Cuddalore, Cuddalore District
5.The Public Prosecutor, High Court of Madras W.P.No.4419 of 2021 10.08.2022 https://www.mhc.tn.gov.in/judis Page 6 of 6