Madras High Court
Jansi W/O. Gopalakrishnan vs The Home Secretary on 22 May, 2025
W.P.No.18218 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.18218 of 2025
Jansi W/o. Gopalakrishnan ... Petitioner
Vs.
1. The Home Secretary
Office of the Home Secretary,
Government of Tamil Nadu,
Secretariat, St. George Fort,
Chennai-600 009.
2. The Director General of Police,
Office of the Director General of Police,
Head of Police Force,
Government of Tamil Nadu,
Dr. Radhakrishnan Salai, Mylapore,
Chennai - 600 004.
3. The Additional Director General of Police,
Crime Branch CID, Tamil Nadu,
No.220, Old Commissioner of Police Complex,
Pantheon Road, Komaleeswaranpet,
Egmore, Chennai-600 008.
4. The District Collector,
Nagapattinam District Collectorate,
Nagapattinam.
5. The Superintendent of Police,
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W.P.No.18218 of 2025
Nagapattinam Superintendent of Police Office,
Nagapattinam District.
6. The Inspector of Police,
Nagapattinam Railway Police Station,
Nagapattinam District.
7. The Director of Medical Education,
Directorate of Medical Education,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai - 600 010.
8. The Dean,
Office of the Dean,
Nagapattinam Government Medical College and Hospital,
Nagapattinam District.
9. The Joint Director,
Medical and Rural Health Service,
Nagapattinam Public Government Hospital,
Nagapattinam District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 4th respondent to exhume the
body of the petitioner's daughter named Jayasri D/o. Gopalakrishnan aged
about 14 years, now under the custody of 6th respondent and consequently to
direct the 7th and 8th respondents to conduct re-postmortem by a team of two
doctors who have Masters Degree in Forensic Medicine attached to two
different Medical College Hospital in the State within a stipulated period of
time may be fixed by this Court and consequently direct the 7th and 8th
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W.P.No.18218 of 2025
respondents to provide a copy of the said Post-mortem report along with the
copy of the Videographs of the said post mortem proceedings to the petitioner
on the same day that the re-postmortem is conducted and direct the 4th
respondent to handover the body of the petitioner's daughter named Jayasri,
D/o. Gopalakrishnan to the petitioner and consequently direct the 1st and 2nd
respondents to transfer the investigation from the 6th respondent to the file of
3rd respondent by considering the petitioner's representation dated
12.05.2025.
For Petitioner : Mr. C.R. Gokulviswas
For Respondent : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The present Writ Petition is filed to conduct autopsy to the deceased Jayasri who is aged about 16 years.
2. According to the prosecution, the body was found on 29.04.2025 in 3/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 04:27:03 pm ) W.P.No.18218 of 2025 a decomposed state, thereafter, post mortem was conducted on 03.05.2025.
Since the identity of the deceased person was not available, the respondent police had buried the dead body on 03.05.2025. The death of the victim girl came to know to the knowledge of the petitioner on 08.05.2025. The counsel for the petitioner submitted that the victim girl had sustained head injury and the postmortem conducted by the Doctors is not satisfactory.
3. The learned Government Advocate (Crl.Side) has produced the post mortem certificate which reveals head injury as cause of death. As per the post mortem report, other external and internal injuries are not found anywhere on the body. There are no injuries in the internal organs which warrants second postmortem certificate is as follows:
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4. Taking into considerations the facts and circumstances of the case and the submissions made by the counsel, this writ petition is dismissed.
However, the respondent police is directed to conclude the investigation as early as possible.
22.05.2025 VV/mjs To
1. The Home Secretary Office of the Home Secretary, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai-600 009.
2. The Director General of Police, Office of the Director General of Police, Head of Police Force, Government of Tamil Nadu, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Additional Director General of Police, Crime Branch CID, Tamil Nadu, No.220, Old Commissioner of Police Complex, Pantheon Road, Komaleeswaranpet, Egmore, Chennai-600 008.
4. The District Collector, Nagapattinam District Collectorate, Nagapattinam.
5. The Superintendent of Police, 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 04:27:03 pm ) W.P.No.18218 of 2025 Nagapattinam Superintendent of Police Office, Nagapattinam District.
6. The Inspector of Police, Nagapattinam Railway Police Station, Nagapattinam District.
7. The Director of Medical Education, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
8. The Dean, Office of the Dean, Nagapattinam Government Medical College and Hospital, Nagapattinam District.
9. The Joint Director, Medical and Rural Health Service, Nagapattinam Public Government Hospital, Nagapattinam District.
10. The Public Prosecutor, High Court, Madras.
Note:-
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.8/9
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