Madras High CourtCRL OP(MD)/12737/2015disposed of

S.Salomai Mary v. The Superintendent Of Police

2015-07-08Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12737 of 2015 S.Salomai Mary ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Pattukottai Police Station, Pattukottai, Thanjavur District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to direct the second respondent police to register the petitioner's complaint dated 09.04.2015 and exhume the deceased Anjuga Fathima Mary body and her baby were buried in the Christian burial ground at Pattukkottai and to conduct the postmortem in the manner known to law.

For Petitioner : Mr.G.Ghouse Khathiri For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the second respondent police to register the petitioner's complaint dated 09.04.2015 and exhume the deceased Anjuga Fathima Mary body and her baby were buried in the Christian burial ground at Pattukkottai and to conduct the postmortem in the manner known to law.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side).

3. When the matter is taken up hearing, the learned Government Advocate (Crl.side), on instructions, submitted that no complaint is pending before the second respondent.

4. Considering the submission made by the learned Government Advocate (Crl.side), without going into the merits of the case, the petitioner is permitted to appear before the respondent No.2 on 22.07.2015 along with a fresh complaint and thereafter, the second respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order and also directed to register the F.I.R., if cognizable offence is made out, in pursuant to the enquiry conducted. https://hcservices.ecourts.gov.in/hcservices/

5. With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Pattukottai Police Station, Pattukottai, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S. G.Ghouse Khathiri, Advocate in SR.No 37245 TS/ 14.07.2015/2P - 5C Crl.O.P.(MD)No.12737 of 2015 08.07.2015 https://hcservices.ecourts.gov.in/hcservices/