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https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus directing the 6th respondent to exhume the body of Raja, son of Kathavarayan, from K.K.Road Mukti burial ground situated at Villupuram and for consequential direction to the respondent nos.3 and 8 to conduct re-postmortem by a team of two Doctors who have Master's Degree in Forensic Medicine attached to two different Medical College Hospitals in the State at the 8th respondent hospital adhering to the norms and directions of this Court in Santosh Versus District Collector, Madurai (W.P.(MD) No.12608 of 2020 dated 02.12.2020, updated on 28.02.2023) and also for a consequential direction to the respondent nos.3 and 8 to provide a copy of the said post-mortem certificate along with a copy of the videographs of the said proceedings to the petitioner on the same day. Factual Matrix

2.3.Subsequently, Villupuram Taluk Police registered a case under Section 174 of Cr.P.C. in Crime No.232 of 2024. Then, the petitioner preferred complaints to the Superintendent of Police, Villupuram, one on https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 13.04.2024 and another on 21.04.2024, requesting him to sanction and conduct re-postmortem examination. However, no action was taken in this regard. Therefore, the petitioner has come up with this Writ Petition.

Arguments

4.Mr.Henri Tiphagne, the learned counsel for the petitioner submitted that the petitioner’s husband - Raja, was taken into custody by the Sub-Inspector of Police, Villupuram Taluk Police Station on 10.04.2024 at 09.00 a.m. from his workplace without following the guidelines issued in D.K.Basu’s case (supra). The petitioner’s husband belongs to Scheduled Caste. The petitioner’s husband passed away only due to custodial torture at the hands of Police. Police failed to conduct an enquiry under Section 176 of Cr.P.C. Further, Police failed to adhere to the guidelines laid down by this Court in Santhosh v. District Collector (supra). Therefore, he prayed for an order directing an enquiry under section 176 of Cr.P.C and to exhume the body from the burial ground and conduct re-postmortem with a team of two Doctors who have Master’s Degree in Forensic Medicine attached to different Medical College Hospitals in the State at the 8th respondent Hospital.

(iv) While conducting re-postmortem, the third and eighth respondents shall adhere to the norms and directions of this Court issued in Santhosh vs. District Collector, Madurai (W.P.No.12608 of 2020 dated 02.12.2020 updated on 28.02.2023).

(v) If, in case, the team of two Doctors so appointed, is of the view that re-postmortem needs to be conducted at the spot, even then, the norms and directions of this Court issued in Santhosh vs. District Collector, Madurai (W.P.No.12608 of 2020 dated 02.12.2020 updated on 28.02.2023) shall be followed https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 strictly as far as possible.