Madras High CourtWP/31825/2024closed

Suo-Motu v. The State Of Tamilnadu

2024-10-23Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (Suo Motu)

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT ST. GEORGE, CHENNAI-600 009.

2. THE DIRECTOR GENERAL OF POLICE-TAMIL NADU, DGP OFFICE, MYLAPORE, CHENNAI-600 004.

3. THE COMMISSIONER OF POLICE, CHENNAI COMMISSIONER OFFICE, CHENNAI-600 007.

4. THE SUPERINTENDENT OF POLICE, THIRUVALLUR DISTRICT.

5. THE DEPUTY SUPERINTENDENT OF POLICE, UTHUKOTTAI DIVISION, THIRUVALLUR DISTRICT

6. THE INSPECTOR OF POLICE, UTHUKKOTTAI POLICE STATION, UTHUKKOTTAI, THIRUVALLUR DISTRICT.

7. THE INSPECTOR OF POLICE, R-8, VADAPALANI POLICE STATION, VADAPALANI, CHENNAI.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents to initiate an immediate investigation about the unnatural death of Mrs. Kamashi at Uthukkottai area, Thiruvallur District in accordance with law and file a report within a stipulated time.

For Respondents : Mr.P.S.Raman Advocate General assisted by Mr.R.Muniyapparaj Additional Public Prosecutor for respondents 1 to 3 : Mr.Hasan Mohammed Jinnah Public Prosecutor assisted by Mr.Leonard Arul Joseph Selvam Government Advocate (Crl Side) for respondents 4 to 7 Also heard : Mr.R.Dakshina Murthy, Advocate, [whose letter was taken on record and suo motu writ petition was registered]

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Following our order passed on 21.10.2024, the Deputy Superintendent of Police, Ms.K.Shanthi, has investigated the matter and filed an affidavit dated 23.10.2024. The said Shanthi has narrated what transpired after the order dated 21.10.2024 was passed.

2. Mr.Dakshina Murthy, who has been given a copy of the affidavit, agrees with what is stated in the affidavit except the allegations made by Mrs.Chitramuthu @ Jayachitra about Mr.Dakshina Murthy trying to sexually abuse her. Mr.Dakshina Murthy states that he looked at Chitramuthu as a daughter and he would have never dreamt of sexually abusing her because he has five sisters, whom he has married off.

3. At the same time, Mr.Dakshina Murthy admits that he has lent money to Chitramuthu and, though he does not recollect the exact

amount, it will be in the region of Rs.25 to 30 Lakh.

4. From the affidavit of Shanthi, it appears that there was no Kamashi, or Naresh or any don or any one dying by hanging or an attempt by the police to destroy evidence.

5. We, therefore, treat this suo motu writ petition as closed. The direction issued in paragraph (8) of the order passed on 21.10.2024 is recalled.

6. As regards the allegations made by Chitramuthu, as recorded in the affidavit of Shanthi, we make no observation thereon. The law may take its own course.

7. We also have to caution Mr.Dakshina Muthy to be more careful in future.

8. We thank Mr.P.S.Raman, Advocate General; and Mr.Jinnah,

Public Prosecutor, for the prompt assistance given. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 23.10.2024 Index :

Yes/No NC :

Yes/No sasi To:

1. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, STATE OF TAMILNADU FORT ST. GEORGE, CHENNAI-600 009.