Madras High Court
Muniammal vs The Superintendent Of Police on 1 August, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.20032 of 2016
Muniammal .. Petitioner
Vs.
1.The Superintendent of Police,
Dharmapuri District.
Dharmapuri.
2. The Inspector of Police,
Kalimangalam Police Station,
Dharmapuri District.
.. Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent herein to re-postmortem the body by some other doctors and pass such orders.
For Petitioner : Mr.R.Ramesh Raja
For Respondents : Mr.P.Govindarajan
Additional Public Prosecutor
ORDER
This petition is filed seeking a direction to the first respondent herein to re-postmortem the body by some other doctors.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. By Order dated 01.08.2017, made in Crl.O.P.No.20031 of 2017, this Court had given a direction to the first respondent to transfer the investigation from Crime No.367 of 2016 to some other officer within the said jurisdiction.
4. In this background, I do not think that this Court while transferring the investigation to some other officer should take a decision of ordering re-postmortem even before the commencement of investigation by the subsequent investigation officer. However, the same is well within the domain of the first respondent, to consider as to whether re-postmortem is required or not.
5. In view of the above, this Original Petition is dismissed.
01.08.2017 smi To
1.The Superintendent of Police, Dharmapuri District.
Dharmapuri.
2. The Inspector of Police, Kalimangalam Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
smi Crl.O.P.No.20032 of 2016 01.08.2017