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Madras High CourtCRL OP/10587/2016disposed of

S.Meharunnissa v. The Inspector Of Police

2016-05-11Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2016

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P. No. 10587 of 2016 S.Meharunnissa ... Petitioner Vs.

1. The Inspector of Police Vikravandi Police Station Villupuram District.

2. The Superintendent of Police Villupuram District, Villupuram.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent herein viz., the Inspector of Police, Vikravandi Police Station, Villupuram District, to exhume the body of the deceased C.K.Shakul Hameed and to conduct postmortem of the body forthwith to find out the real cause of the death of the deceased.

*** For Petitioner : Mr.K.Shahul Hameed For Respondents: Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner seeking for a direction directing the first respondent, to exhume the body of the deceased C.K.Shakul Hameed and to conduct postmortem of the body forthwith to find out the real cause of the death of the deceased.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3.Learned Additional Public Prosecutor submits that the petitioner has sent a complaint dated 29.04.2016 by post and he is not co-operating with the enquiry.

https://hcservices.ecourts.gov.in/hcservices/

4. Hence, the petitioner is directed to go in person and give a copy of the complaint to the first respondent police and on such complaint being given, the first respondent police is directed to conduct enquiry and during the course of enquiry, if any cognizable offence is made out, F.I.R. shall be registered, conduct investigation following the decision laid down by the Hon'ble Supreme Court in LALITA KUMARI vs. GOVERNMENT OF UTTARPRADESH AND OTHERS reported in [(2014) 2 SCC 1].

5. With the above direction, this Criminal Original Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsg/sri To

1. The Inspector of Police Vikravandi Police Station Villupuram District.

2. The Superintendent of Police Villupuram District, Villupuram.

3. The Public Prosecutor, High Court of Madras,Chennai.

Crl.O.P. No. 10587 of 2016 aa13/05/2016 https://hcservices.ecourts.gov.in/hcservices/