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Madras High CourtWMP/7756/2021dismissed

Dr.M.Guhan v. Prabha

2021-03-23Honourable Mr Justice N. Anand Venkatesh2 pages

W.M.P.No.7756 of 2021 in W.P.No.19462 of 2020 N. ANAND VENKATESH.,J This petition has been filed seeking to implead one Dr.M.Guhan, based on the earlier order passed by this Court on 19.02.2021 directing the Dean of Madras Medical College to conduct an enquiry on the complaint given by Dr.P.Sampath Kumar.

2.The Dean of Madras Medical College has sent a report in a sealed cover on the enquiry conducted pursuant to the orders passed by this Court. It is seen from the enquiry report that Dr.P.Sampath Kumar has objected to the participation of Dr.M.Guhan during the second autopsy. That apart, Dr.M.Guhan had objected a third party who happens to be a student of Dr.P.Sampath Kumar from taking the video graph in a mobile phone, when the second autopsy was conducted. On enquiry, the Dean has concluded that the IX Metropolitan Magistrate had nominated Dr.M.Guhan to be a part of the team that conducted the second autopsy and therefore, Dr.P.Sampath Kumar should not have objected to the presence of Dr.M.Guhan when the autopsy was conducted. While dealing with the objection raised by Dr.M.

Guhan that the second autopsy was video recorded in a mobile phone by a third party, the Dean has found that the same should not have been permitted by Dr.P.Sampath Kumar, since the second autopsy was properly videographed and it took place in the presence of the IX Metropolitan Magistrate. Accordingly, the Dean has closed the complaint given by Dr.P.Sampath Kumar. https://www.mhc.tn.gov.

N.ANAND VENKATESH.,J.

ssr 3.In view of the above, there is no requirement for Dr.M.Guhan to implead himself in the present case and accordingly this petition is disposed of.

23.03.2021 ssr (2/2) W.M.P.No.7756 of 2021 in W.P.No.19462 of 2020 https://www.mhc.tn.gov.in/judis/