Madras High CourtCRL OP/12610/2019disposed of

Raja v. The Superintendent Of Police,

2019-05-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.12610 of 2019 Raja ..Petitioner Vs.

1.The Superintendent of Police, District Police Office, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Thirukkovilur, Villupuram District.

3.The Inspector of Police, Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District, Villupuram.

..Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 3rd respondent to exhume the body of petitioner's brother Murugan and conduct the Postmortem and register the petitioner complaint dated 21.04.2019 and 30.04.2019 to take action against the accused persons namely, Saranraj S/o Royar, Murugan S/o Arumugam, Mahi @ Mahendan S/o Velli, Srinivasan S/o Chottaiyan, Venkatesan S/o Sadayandi, Shanmugam S/o Kuppusami and file a final report. For Petitioner : Mr.S.Radhakrishnan For Respondent : M/s.M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the 3rd respondent to exhume the body of the deceased Murugan and to conduct the Postmortem after registering an FIR on the complaint dated 21.04.2019 and 30.04.2019, given by the petitioner. 2.Taking into consideration, the averments made in the affidavit filed in support of the petition, this Court is of the considered view that the case requires a thorough investigation. https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above, the 3rd respondent is directed to register an FIR on the complaint dated 21.04.2019, given by the petitioner and proceed further in accordance with law. If the death of the deceased is found to be suspicious during investigation, the 3rd respondent shall also take a decision on exhuming the body and sending it for postmortem. This Criminal Original Petition is disposed of with the above directions.

s/d- Assistant Registrar(VO) True Copy Sub-Assistant Registrar KP To 1.The Superintendent of Police, District Police Office, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Thirukkovilur, Villupuram District.

3.The Inspector of Police, Vadaponparappi Police Station, Sankarapuram Taluk, Villupuram District, Villupuram.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.Radhakrishnan, Advocate sr 43444 Crl.O.P.No.12610 of 2019 GJ(CO) SP(16/05/2019) https://hcservices.ecourts.gov.in/hcservices/