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10. The learned counsel for the petitioner submitted that, the deceased Abinaya was just 15 years old and she did not have any serious ailment, except a minor issue over her ears. It is not known whether such a small issue needed a surgery at the first instance. The complications that were developed subsequent https://www.mhc.tn.gov.in/judis to the surgery would show that something went wrong seriously in the treatment given by the 7th respondent and the Doctors at Sugam Hospital. The petitioner was not property apprised about the treatment given to Abinaya or the subsequent complications developed. Everything was done in a hurried manner and Abinaya did not have any cardiac issues before the surgery. The petitioner was not given with a proper discharge summary in order to know what kind of treatment was given to her daughter and why such serious complications developed. The postmortem was done without even giving information to the petitioner and in the absence of her representatives. Since everything was done in a mysterious manner, the petitioner has doubts about the proper postmortem. If important details were omitted to be collected, the same will not reveal the actual cause of death of the deceased Abinaya. Since, the 7th respondent has got political influence, the petitioner requests for re- postmortem. The 4th respondent Police through his indifference and roughness has created fear and doubts in her mind about the fair and proper investigation. Hence, a direction of re-postmortem along with other directions is essential.

11. Mr.E.Raj Thilak, learned Additional Public Prosecutor and Mr.V.J.Priyadarsana, learned Government Advocate appearing for respondents 1 to 6, submitted that, the Doctors at Rajiv Gandhi Government General https://www.mhc.tn.gov.in/judis Hospital had done their best to do a proper postmortem and three Doctors namely Dr.Angayarkani, Senior Assistant Professor, Madras Medical College, Dr.V.Ashok Raj, Senior Assistant Professor, Madras Medical College and Dr.A.Veera Vijayan, Tutor in Forensic Medicine, Madras Medical College were present during the postmortem and in fact the process of postmortem was also duly recorded in the CCTV, which is placed in the postmortem room. All the cavities were opened, viscera and other organs were also properly collected and preserved for the purpose of sending them to chemical analysis. The qualified Doctors have done the postmortem, as per the mandates required for medico legal cases. Since all essential organs have already been collected from the subject body, re-postmortem will not serve any purpose.

15. Dr.Angaiyarkani shared all the relevant information and the manner, in which the postmortem was conducted. She has stated that all the body https://www.mhc.tn.gov.in/judis cavities of the subject body were opened and important organs like viscera collected and preserved. Taking into consideration of the young age of the deceased Abinaya whole of her heart was taken and preserved in order to send it for chemical analysis. The Doctors apprised about certain condition that was present at the brain and lungs of the deceased. She also stated that the whole of postmortem process was recorded in the CCTV and that herself and other Doctors of her team have done their best to save the essential evidence for the purpose of giving a genuine opinion about the cause of death of the deceased. After hearing her conversation, the petitioner and her counsels understood and got satisfied that the postmortem had been conducted fairly. The petitioner realised that re-postmortem will not serve any purpose and that too after the essential organs have already been removed, collected and preserved for chemical analysis.

16. In these circumstances, if re-postmortem is ordered, that will not serve any purpose except removal of the stitches once again, but to explore nothing. In view of the above stated reasons, I feel, it is absolutely not essential to order for a re-postmortem.

17. However, the grievance of the petitioner that she was not treated fairly and comfortably by the investigating agency can not be overlooked. https://www.mhc.tn.gov.in/judis The unnecessary and demeaning questions put to the petitioner by the police is like adding fuel to the fire. During the hearing of this case. Mr.Mohammed Nasser, Assistant Commissioner, Thiruvottiyur was also present and he assured that the investigation can be shifted to some other police station within his jurisdiction and he will see to that the investigation is done in a fair and proper manner. Hence I feel the grievance of the petitioner can be redressed by passing an order to shift the investigation to be done by the Inspector of Police, H5, New Washermenpet Police Station. When the said proposal was suggested, it was readily accepted by the petitioner and the Assistant Commissioner, Thiruvottiyur.