Sri Setti Krishnappa Rao v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.NO.13525 OF 2020 AND W.M.P.NO.16740 OF 2020 Sri Setti Krishnappa Rao (F/o Deceased Ganesh)

...Petitioner

/versus/ 1.The Secretary, Home Department, Government of Tamil Nadu, Fort St.George, Chennai.

2.The Director General of Police, Mylapore, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Inspector of Police/Investigating Officer, Puzhal Police Station, Puzhal, Chennai.

...Respondents

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to pay a compensation of Rupees Twenty Five Lakhs to him for the death of his son Ganesh on 20.09.2017 while in the custody of the 3rd respondent. For Petitioner :

Mr.N.Vanaraj For Respondents :

Mr.S.Santhosh Govt.Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus directing the first respondent to pay a compensation of Rupees Twenty Five Lakhs to him for the death of his son Ganesh on 20.09.2017 while in the custody of the 3rd respondent.

2.Pursuant to the order passed by this Court on 13.04.2022, the Inspector of Police, Organized Crime Unit-II, CB CID, Chennai has filed a latest Status Report indicating the progress in the investigation of the case and given an undertaking that the investigation will be completed at the earliest. 3.From the Status Report, it appears that sofar 18 witnesses were examined and their statements under Section 161(3) of Cr.P.C., recorded. Further, list of 20 co-remand prisoners have been obtained from the Prison Authorities and examination of coremand prisoners are in progress. 4.Taking note of the said fact on record, the Writ Petition seeking compensation for custodial death of his son is disposed of with a direction to the CB CID to complete the investigation within a period of two months from the date of receipt of a copy of this order and to file a Final Report. On such filing of the Final Report, the petitioner herein shall revive his plea for seeking compensation. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar ari To 1.The Secretary, Home Department, Government of Tamil Nadu, Fort St.George, Chennai.

2.The Director General of Police, Mylapore, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Inspector of Police / Investigating Officer, Puzhal Police Station, Puzhal, Chennai.

5.The Inspector of Police, Organized Crime Unit-II, CB CID, Chennai +1cc to Mr.N.Vanaraj, Advocate Sr.No.28336 W.P.No.13525 of 2020 and W.M.P.No.16740 of 2020 MT(CO) RVM(05/05/2022)