P.Sundarraj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(Criminal) No. 8252 of 2020 and W.M.P. No. 9863 of 2020 P.Sundarraj Aged about 65 years Son of Palayam 29/14, Selvavinayagar Koil Street Perambur Chennai - 600 011.

... Petitioner Vs.

1. The Commissioner of Police E.V.K. Sampath Road Vepery, Chennai - 600 007.

2. The Commissioner of Police Basheerbagh, Hyderabad - 28 Telangana State.

3. The Station House Officer Otteri Police Station Cooks Road, Puthuvazhama Nagar Jamalia, Chennai - 600 012.

4. The Station House Officer Malakpet Police Station Hyderabad Police Commissionerate Government Quarters T.V.Tower, NH-9 Adjacent to Malakpet Hyderabad, Telengana - 560 036.

5. The Department of Forensic Medicine Represented by its Head Government Kilpauk Medical College Kilpauk, Chennai - 600 010.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 1st and 3rd respondents to exhume the body of the petitioner's daughter Sharmila Santhosh from the TELC Burial Ground, Otteril, Chennai and to direct the 5th respondent to conduct a post mortem on the same.

For Petitioner : M/s.E.Aadith Vijay For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petition has been filed for a direction to direct the 1st and 3rd respondents to exhume the body of the petitioner's daughter Sharmila Santhosh from the TELC Burial Ground, Otteril, Chennai and to direct the 5th respondent to conduct a post mortem on the same.

2.

This Court, by order dated 16.06.2020 already directed the third respondent to register the case and also conduct enquiry, and on enquiry if there is any prima facie material, the third respondent shall exhume the body of the victim. 3.

Now, the learned Additional Public Prosecutor submitted that as directed by this Court, FIR has been registered vide FIR No. 589 of 2020 for the offences under Section 174 of Cr.P.C. and the investigation is pending. 4.

The above submission is recorded. It is seen that the earlier order passed by this Court is partly complied with. Therefore, the third respondent is directed to duly comply with the order dated 16.06.2020 passed by this Court. 5.

With the above direction, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar maya/lok To

1. The Commissioner of Police E.V.K. Sampath Road Vepery, Chennai - 600 007.

2. The Commissioner of Police Basheerbagh Hyderabad - 28 Telangana State.

3. The Station House Officer Otteri Police Station Cooks Road, Puthuvazhama Nagar Jamalia, Chennai - 600 012.

4. The Station House Officer Malakpet Police Station Hyderabad Police Commissionerate Government Quarters T.V.Tower, NH-9 Adjacent to Malakpet Hyderabad, Telengana - 560 036.

5. The Department of Forensic Medicine Represented by its Head Government Kilpauk Medical College Kilpauk, Chennai - 600 010.

6. The Public Prosecutor High Court of Madras Chennai.

W.P.(Criminal) No. 8252 of 2020 RLD(CO) GMY(28/07/2020)