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Showing contexts for: re-postmortem in Salini vs The District Collector on 4 October, 2024Matching Fragments
The above petition has been filed seeking direction to the respondents to conduct re-postmortem of the body of the petitioner's husband – Thiravidamani under the supervision of the first respondent to find out the cause of death.
https://www.mhc.tn.gov.in/judis
2. The petitioner is the wife of the deceased – Thiravidamani. The case of the petitioner is that her husband aged about 40 years is engaged in agricultural work, particularly he was plucking coconuts from the coconut trees in agricultural lands and private houses, that on 26.09.2024 at about 05.30p.m., when her husband was returning to his house on his motorcycle, he was prevented and arrested by the fifth respondent police and was taken to the Jeeyapuram Police Station in an auto rickshaw, that the fifth respondent registered a false case against her husband in Cr.No. 261 of 2024 for the offences under Sections 4(1)(a) and 4(1-A) of the Tamil Nadu Prohibition Act, as if her husband was in possession of 63 bottles of liquor in the bag, that her husband was detained in the police station in the night and he was taken to the Judicial Magistrate No.III, Tiruchirappalli on 27.09.2024 afternoon and was remanded to judicial custody, that her husband was taken to Central Prison on the evening of 27.09.2024 and thereafter, he was taken to jail hospital and was referred to the Government Hospital, Tiruchirappalli, that the Doctor on examining him, informed that he died on the way to the hospital, that the fifth respondent police by falsely registering the case, had severely https://www.mhc.tn.gov.in/judis beaten in the police station, that the respondents did not communicate the arrest of her husband and his death, that the postmortem was done by the respondents without any intimation to the petitioner, that the respondents have done all the above only to protect the real accused and that therefore, re-postmortem has to be conducted to find out the real cause for the death of her husband.
4. It is the further case of the prosecution that the above matter was conveyed to the Jurisdictional Magistrate, the District Collector, the fifth https://www.mhc.tn.gov.in/judis respondent and the Dean of the K.A.P.,Viswanathan Government Medical College, Trichy and a case was registered in Cr.No.400 of 2024, under Section 196 BNSS at 00.30 hours on 29.09.2024, that the Judicial Magistrate No.VI, Trichy conducted inquest at Government Hospital, Trichy, that the postmortem was done by the team of doctors which came to be videographed at 12.00hours on 29.09.2024 and after the completion of the enquiry, the Magistrate visited the Central Prison and after enquiry, she also visited the Jeeyapuram Police Station and verified the CCTV footage for more than one hour on that day, that after postmortem when the body was handed over to the petitioner, she refused to receive and made some kind of protest levelling allegations against the police officials, that without any basis, they have now sought for re-postmortem and there is absolutely no need or necessity to go for the second postmortem and that the petition is absolutely devoid of mertis and the same is liable to be dismissed.
22. As rightly contended by the learned Additional Advocate General, the petitioner has failed to demonstrate any valid reason or ground to suggest that the post-mortem examination already conducted was improper or not in accordance with the law, thereby warranting a re- postmortem. Upon reviewing the materials on record and the CCTV footage of the jail premises, this Court is of the clear opinion that there is https://www.mhc.tn.gov.in/judis no basis whatsoever for ordering a re-postmortem. Therefore, this Court concludes that the Writ Petition is devoid of merits and is liable to be dismissed.