T.Arivuselvli vs The Superintendent Of Police on 25 November, 2019

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Madras High Court

T.Arivuselvli vs The Superintendent Of Police on 25 November, 2019

Bench: G.K.Ilanthiraiyan

                                                                    Crl.O.P.(MD) No.24886 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 25.11.2019

                                                       CORAM

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                      Writ Petition (MD) No.24886 of 2019

                      T.Arivuselvli                                      ... Petitioner

                                                          Vs

                      1.The Superintendent of Police,
                        Sivagangai District
                        Sivagangai

                      2.The Inspector of Police,
                        Kallal Police Station
                        Kallal, Sivagangai District

                      3. The Dean
                         Sivagangai Medical College and Hospital
                         Sivagangai                                      ... Respondents

                      PRAYER: Writ Petition filed under Article 226 of Constitution of
                      India, to issue a writ of Mandamus, to direct the respondents to
                      provide the copy of Re-postmortem, Histopathology and Forensic
                      Reports of petitioners father M.Thirunavukkarasu except CD to the
                      petitioner as Victim T.Arivuselvi


                                  For Petitioner      : Mr.A.Arun

                                  For Respondents : Mr.K.Suyambulinga Bharathi
                                  No.1 to 3         Government Advocate(Crl.Side)




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                                                                        Crl.O.P.(MD) No.24886 of 2019




                                                    ORDER

This writ petition has been filed for issuance of a writ of Mandamus, to direct the respondents to provide the copy of Re-

postmortem, Histopathology and Forensic Reports of petitioners father M.Thirunavukkarasu except CD to the petitioner as Victim T.Arivuselvi

2. On persual of the record, it shows that on the complaint lodged by the petitioner, the second respondent registered a case in Crime No. 150 of 2019 for the offence under Section 174 of Cr.P.C. In this case the petitioner filed petition for transfer of investigation and the same was dismissed by this Court in W.P(MD) No.17919 of 2019 on 19.08.2019. Infact this case re-postmortem was conducted and that was videographed. Now the petitioner sought for Re-postmortem, Histopathology and Forensic Reports of the petitioner's father namely Thirunavukkarasu.

3. The learned Government Advocate(Crl.Side)would submit that investigation is still pending and waiting viscera report.

Pending investigation the petitioner is not entitled to get those 2/4 http://www.judis.nic.in Crl.O.P.(MD) No.24886 of 2019 documents as sought for. However after completion of investigation the petitioner is entitled for the same.

4. However, after completion of investigation, the second respondent is directed to furnish the documents as sought for in this petition to the petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs.

25.11.2019 Internet:Yes Index:Yes/no aav To

1.The Superintendent of Police, Sivagangai District Sivagangai

2.The Inspector of Police, Kallal Police Station Kallal, Sivagangai District

3. The Dean Sivagangai Medical College and Hospital Sivagangai

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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http://www.judis.nic.in Crl.O.P.(MD) No.24886 of 2019 G.K.ILANTHIRAIYAN, J.

aav Order made in W.P (MD) No.24886 of 2019 25.11.2019 4/4 http://www.judis.nic.in

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